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Europe's Justice Deficit?.

By: Kochenov, Dimitry.
Contributor(s): Búrca, Gráinne de | Williams, Andrew.
Material type: TextTextSeries: eBooks on Demand.Publisher: London : Bloomsbury Publishing, 2015Description: 1 online resource (512 p.).ISBN: 9781782254829.Subject(s): Law -- Social aspects -- Congresses | Law -- Social aspects -- European Union countries -- Congresses | Marginality, Social -- Political aspects -- Congresses | Marginality, Social -- Political aspects -- European Union countries -- Congresses | Minorities -- Legal status, laws, etc. -- Congresses | Minorities -- Legal status, laws, etc. -- European Union countries -- CongressesGenre/Form: Electronic books.Additional physical formats: Print version:: Europe's Justice Deficit?LOC classification: K3242.A6 L396 2015Online resources: Click here to view this ebook.
Contents:
Cover; Half-title; Title; Copyright; Preface; Short Table of Contents; Full Table of Contents; List of Contributors; List of Abbreviations; List of Figures; Table of Cases; Table of Treaties and Legislation; 1. Europe's Justice Deficit Introduced; I; II; III; IV; V; VI; Part One; 2. The Ought of Justice; I. Justice as the Foundational Assumption; II. The Normative Starting Point: The EU is a Suitable Agent of Justice; III. The Empirical Starting Point: Inadequate Treatment of Justice in the EU; IV. The First Approach: Presumed Justice; V. The Second Approach: Rhetorical Justice
VI. The Third Approach: Silence About JusticeVII. A Reminder; 3. The Problem(s) of Justice in the European Union; I. Introduction; II. Substantive Justice and the EU; III. Elements of Justice for the EU; A. Distributive Justice; B. Political Justice; C. Inter-generational Justice; D. Criminal Justice; IV. Addressing the Justice Deficit; 4. Justice, Injustice and the Rule of Law in the EU; I. Introduction; II. Injustice in the EU; III. The Perplexities of Justice in the EU; IV. The Rule of Law and Critical Legal Justice; V. Injustice Explored; VI. Conclusion
5. The Question of Standards for the EU: From 'Democratic Deficit' to 'Justice Deficit?'I. The Question of Standards; II. The EU as an Experimentalist Arrangement; III. The ECJ as an Experimentalist Court; A. The Right to Healthcare: The Need to Take Individual Circumstances of Pain and Suffering More Fully into Account; B. Adjudicating Consumer Contracts: Attentiveness to an Implicit Human Rights Dimension; IV. Coda; 6. Justice as Europe's Signifier; I. Introduction; II. The Signifying Capacity of Justice; III. Foreclosing Justice by Institutional Self-legitimation
IV. Foreclosing Justice Through Privileged ReferentsA. 'Justified Structures of Justification' as Referent; B. Democracy as Referent; V. Institutional Violence and the Individual; A. The Market as Europe's Signifier; B. The Inverted Monism of Institutional Violence; C. Tethering Justice; VI. Conclusion; 7. 'Constitutional Justice' and Judicial Review of EU Legislative Acts; I. 'Justice', EU Constitutionalism and Judicial Review; II. Standards of Constitutional Justice Applicable to the European Court of Justice; III. The Charter of Fundamental Rights as a Vehicle of Constitutional Justice
IV. Judicial Review-The Question of Legitimacy or Justice?Part Two; 8. Politicising Europe's Justice Deficit: Some Preliminaries; I. Introduction; II. Conceptualising a Justice Deficit; III. Historicising a Justice Deficit: The Role of the State; IV. Historicising a Justice Deficit: The Role of Ideology; V. Framing the EU's Social Justice Deficit; VI. Politicising Justice Deficits; VII. Democratising the Justice Deficit?; 9. Whose Justice? Which Europe?; I. Introduction; II. Justice or Democratic Politics?
III. European Constitutional Law as a Democratic Straitjacket: How it Came to be and how to Start Liberating Ourselves
Summary: This edited volume brings together contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context and appraises the existence and nature of the justice deficit in the EU.
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K3242.A6 L396 2015 (Browse shelf) http://uttyler.eblib.com/patron/FullRecord.aspx?p=2006171 Available EBL2006171

Cover; Half-title; Title; Copyright; Preface; Short Table of Contents; Full Table of Contents; List of Contributors; List of Abbreviations; List of Figures; Table of Cases; Table of Treaties and Legislation; 1. Europe's Justice Deficit Introduced; I; II; III; IV; V; VI; Part One; 2. The Ought of Justice; I. Justice as the Foundational Assumption; II. The Normative Starting Point: The EU is a Suitable Agent of Justice; III. The Empirical Starting Point: Inadequate Treatment of Justice in the EU; IV. The First Approach: Presumed Justice; V. The Second Approach: Rhetorical Justice

VI. The Third Approach: Silence About JusticeVII. A Reminder; 3. The Problem(s) of Justice in the European Union; I. Introduction; II. Substantive Justice and the EU; III. Elements of Justice for the EU; A. Distributive Justice; B. Political Justice; C. Inter-generational Justice; D. Criminal Justice; IV. Addressing the Justice Deficit; 4. Justice, Injustice and the Rule of Law in the EU; I. Introduction; II. Injustice in the EU; III. The Perplexities of Justice in the EU; IV. The Rule of Law and Critical Legal Justice; V. Injustice Explored; VI. Conclusion

5. The Question of Standards for the EU: From 'Democratic Deficit' to 'Justice Deficit?'I. The Question of Standards; II. The EU as an Experimentalist Arrangement; III. The ECJ as an Experimentalist Court; A. The Right to Healthcare: The Need to Take Individual Circumstances of Pain and Suffering More Fully into Account; B. Adjudicating Consumer Contracts: Attentiveness to an Implicit Human Rights Dimension; IV. Coda; 6. Justice as Europe's Signifier; I. Introduction; II. The Signifying Capacity of Justice; III. Foreclosing Justice by Institutional Self-legitimation

IV. Foreclosing Justice Through Privileged ReferentsA. 'Justified Structures of Justification' as Referent; B. Democracy as Referent; V. Institutional Violence and the Individual; A. The Market as Europe's Signifier; B. The Inverted Monism of Institutional Violence; C. Tethering Justice; VI. Conclusion; 7. 'Constitutional Justice' and Judicial Review of EU Legislative Acts; I. 'Justice', EU Constitutionalism and Judicial Review; II. Standards of Constitutional Justice Applicable to the European Court of Justice; III. The Charter of Fundamental Rights as a Vehicle of Constitutional Justice

IV. Judicial Review-The Question of Legitimacy or Justice?Part Two; 8. Politicising Europe's Justice Deficit: Some Preliminaries; I. Introduction; II. Conceptualising a Justice Deficit; III. Historicising a Justice Deficit: The Role of the State; IV. Historicising a Justice Deficit: The Role of Ideology; V. Framing the EU's Social Justice Deficit; VI. Politicising Justice Deficits; VII. Democratising the Justice Deficit?; 9. Whose Justice? Which Europe?; I. Introduction; II. Justice or Democratic Politics?

III. European Constitutional Law as a Democratic Straitjacket: How it Came to be and how to Start Liberating Ourselves

This edited volume brings together contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context and appraises the existence and nature of the justice deficit in the EU.

Description based upon print version of record.

Author notes provided by Syndetics

Dimitry Kochenov, Gráinne de Búrca and Andrew Williams are respectively Professor of EU Constitutional Law at Groningen Faculty of Law, Florence Ellinwood Professor of Law at NYU Law School and Professor at Warwick School of Law.

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