How does the European Court Reason? A Review Essay on the Legal Reasoning of the Court of Justice
- This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case-law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.
MetadatenDocument Type: | Article |
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Language: | English |
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Author(s): | Mark DawsonORCiD |
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Parent Title (English): | European Law Journal |
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ISSN: | 1468-0386 |
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Publisher: | John Wiley & Sons Ltd. |
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Place of Publisher: | Oxford |
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Publication year: | 2014 |
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First Page: | 423 |
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Last Page: | 435 |
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DOI: | https://doi.org/10.1111/eulj.12089 |
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Release Date: | 2015/10/27 |
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Volume: | 20 |
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Issue: | 3 |
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Licence of document (German): | Metadaten / metadata |
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