| 書目名稱 | The Passivity of Law | | 副標題 | Competence and Const | | 編輯 | Luigi Corrias | | 視頻video | http://file.papertrans.cn/917/916073/916073.mp4 | | 概述 | An in-depth analysis of the ‘competence creep‘ in EU law.First book to use the work of Merleau-Ponty to rethink European integration.Offers original interpretations of constitutional theory, rule-foll | | 圖書封面 |  | | 描述 | At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked.new back cover copy:Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the di | | 出版日期 | Book 2011 | | 關(guān)鍵詞 | Authority; Auto-Institution; Competence Creep; Competences; Consituution-Making; Constituent Power; Consti | | 版次 | 1 | | doi | https://doi.org/10.1007/978-94-007-1034-4 | | isbn_softcover | 978-94-007-9208-1 | | isbn_ebook | 978-94-007-1034-4 | | copyright | Springer Science+Business Media B.V. 2011 |
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