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Author:   Professor Stefan Vogenauer (Max Planck Institute for European Legal History) ,  Professor Stephen Weatherill (University of Oxford)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.603kg
ISBN:  

9781509933099

ISBN 10:   1509933093
Pages:   432
Publication Date:   31 October 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction 2. General Principles of International Law Catherine Redgwell 3. From Myth to Reality: The EU’s ‘New Legal Order’ and the Place of General Principles Within It Stephen Weatherill Part I: General Principles of European Union Law 4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice Urška Šadl and Joxerramon Bengoetxea 5. Is Legality a Principle of EU Law? Alexander Somek 6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson 7. General Principles and Customary Law in the EU Legal Order Samantha Besson Part II: Proportionality 8. Proportionality Alison L Young and Gráinne de Búrca 9. Proportionality and Judicial Review: A UK Historical Perspective Paul Craig 10. The Evolution of the Principle of Proportionality in EU Law—Towards an Anticipative Understanding? Juliane Kokott and Christoph Sobotta 11. Proportionality and the Margin of Appreciation: Strasbourg and London Philip Sales 12. Origins and Presentation of the Proportionality Principle in French Case Law Yoan Sanchez 13. An Italian Perspective on the Principle of Proportionality Giuseppe Martinico and Marta Simoncini 14. The Application of Proportionality in Denmark in the Light of European Legal Integration Helle Krunke Part III: Private Autonomy and Protection of the Weaker Party 15. Private Autonomy and Protection of the Weaker Party Stephen Weatherill, Stefan Vogenauer and Petra Weingerl 16. Private Autonomy and the Protection of the Weaker Party: Historical Hector L MacQueen and Stephen Bogle 17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview Dori Kimel 18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics Fernando Gómez and Mireia Artigot 19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the European Union Daniela Caruso 20. Discrimination on Grounds of Obesity Niilo Jääskinen 21. Discrimination on the Grounds of Sexual Orientation and Gender Identity Alina Tryfonidou Concluding Remarks 22. Judging General Principles David Edward

Reviews

This book has a somewhat stronger leaning towards legal history and legal theory than most of the previous publications within this field, trying to put the issue of general principles in a given theoretical context. This definitely makes it an interesting and important contribution to EU law literature. -- Joakim Nergelius * Common Market Law Review * Overall, this is a thought provoking book... A collection of well written essays that remind us of the kaleidoscopic nature of the European legal order, forcing the reader to leave the cliches behind and reflect more deeply about legal concepts we use on a daily basis, without ever fully grasping their nature. -- Tim Corthaut * European Law Blog *

This book has a somewhat stronger leaning towards legal history and legal theory than most of the previous publications within this field, trying to put the issue of general principles in a given theoretical context. This definitely makes it an interesting and important contribution to EU law literature. -- Joakim Nergelius * Common Market Law Review * Overall, this is a thought provoking book... A collection of well written essays that remind us of the kaleidoscopic nature of the European legal order, forcing the reader to leave the clichés behind and reflect more deeply about legal concepts we use on a daily basis, without ever fully grasping their nature. -- Tim Corthaut * European Law Blog *

Author Information

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt. Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.

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