StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Constitutional Court in Europe - Essay Example

Comments (0) Cite this document
Summary
The most significant feature f the European Court f Justice is undoubtedly the doctrine f supremacy f Community law, which has continued to be the cause f much confusion and controversy regarding its actual Treaty position and entailment. The EC Treaty does not expressly provide for supremacy - there is no Article which clearly states that Community law is supreme over the national laws f the Member States - however, certain Articles f the EC Treaty impliedly require supremacy to be in effect…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Constitutional Court in Europe
Read TextPreview

Extract of sample "Constitutional Court in Europe"

Download file to see previous pages The need for an effective and uniform EC law applying within national legal orders in compliance to a voluntary limitation f sovereignty by Member States is critical to the concept f integration.
By considering the fact that supremacy is ultimately perceived throughout national courts to be a monolithic holy concept which bears tremendous implications if removed or limited, the question is then raised as to how Member States receive the 'supreme nature' f Community Law. In attempting to clarify the need for a supreme legal authority for integration, I will examine the supremacy f EC law and state its Treaty position with particular emphasis on significant case-laws that have shaped the supremacy debate. Furthermore, I will observe the Constitutionalization f the Treaty system, looking at the interplay f the doctrine f direct effect and doctrine f supremacy; under what conditions Member States might be provoked to challenge the authority f the ECJ; the expanding competence f the ECJ which now includes a political and judicial interplay f decision-making; and conclude with a look at what the Constitutional Treaty would have signified in terms f legalizing the doctrine f supremacy and how the rejection has started questioning whether the Community law should be considered above and beyond national laws and if it has gone too far already.
The role f the European Court f Justice in developing the legal means for the integration process and constructing a constitution from the Treaty f Rome is a fundamental factor in the eventual expansion f the Community into its form as a Union f soon to be 27 Member States. In order to understand the evolution f the ECJ from its initially idealized form designed by the Member States so that it "could not significantly compromise national sovereignty or national interest", to a judicial organ that entailed national legal organs to acknowledge its supremacy through "significant nonincremental adaptation f Community law, abandoning deeply entrenched, constitutive principles", an insight into the logic behind legal integration needs to be discussed. In respect to the relationship between legal integration and Member States, the neofunctionalist model f integration seeks to explain the role f both supranational and subnational actors and why nation-states accept the eventual infiltration f the Community law into the spheres f their national laws, which demands full jurisdiction and a limitation to their sovereignty. Legal integration, as perceived by the neofunctionalist model, is a two way process in which supranational and subnational actors both seek to further their own interests by respectively accepting and acceding certain rights and obligations in return for long term benefits, in a "'functional domain' shielded from the interplay f direct political interests".
By building on this ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 words”, n.d.)
Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 words. Retrieved from https://studentshare.org/miscellaneous/1507289-constitutional-court-in-europe
(Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 Words)
Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 Words. https://studentshare.org/miscellaneous/1507289-constitutional-court-in-europe.
“Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 Words”, n.d. https://studentshare.org/miscellaneous/1507289-constitutional-court-in-europe.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Constitutional Court in Europe

CONSTITUTIONAL

...?Constitutional Answer to Question British parliament has a bicameral nature and it constitute of both House of Commons and House of Lords.The House of lords is in the verge of reformation and the right enjoyed by the hereditary peers to contribute vote in the House of Lords will be ended soon. It can be regarded as the primary action taken to reform the house and it can bring a democratic order to the house. According to the new act of reform the appointing of life peers to the house is restricted .The reform has the objective of opposing the majority winning nature of political parties in the house of lords. The argument currently focus on changing the appointment criteria, composition and functioning method of the chamber. Some changes...
5 Pages(1250 words)Term Paper

High Court Justices Use of Constitutional Principles

...? High Court Justices’ use of constitutional principles College There has been a repeated ment that freedom of political communication has not been passed out as a personal right1. Although the court has at one point pointed out the freedom of political communication to the members of the national assembly, the act of legislation still provides some restrictions and boundaries that regulate some aspects of misuse of the freedom of political communication. There are three significant understandings about this freedom; the freedom only covers a limited range of unambiguous political communication; the freedom does not consider any relevance in the protection of an individual autonomy and that, like any other jurisdictional regulations...
5 Pages(1250 words)Essay

Constitutional Law

...?Although one is always treading upon a slippery slope when they seek to point to a specific amendment to the Constitution as the most important, it will be the understanding and argument of this author that the fourth amendment to the United States Constitution is the cornerstone of nearly all rights and freedoms that a free and democratic society can offer; by extension, delineating it to be the single most important amendment. At its most basic form, the fourth amendment to the United States Constitution seeks to protect individuals from unreasonable searches and seizures. This is done by requiring a specific search warrant prior to any such searches or seizures being performed. In such a way, the power of government officials to harass...
3 Pages(750 words)Essay

Constitutional reform

The rules that are provided in the constitution include the territories of the country, the language of the country and also the country’s religion (Turpin et al., 2007:41). With this in mind, there are various types of constitution varying from codified constitution to uncodified constitution, unitary to the federal constitution and also they are seen as either rigid or flexible. However, there is a common way of classifying the various types of constitutions in that the constitution is either codified or uncodified. A good example of an uncodified constitution is the British constitution while another example of a codified constitution is the constitution of U.S.A (Beatson, 1998:45). A codified constitution is one type of const...
9 Pages(2250 words)Essay

Constitutional Law

One of the most significant differences, that is evident from the evaluation of the constitutions of the United States and the United Kingdom, is that one is codified and the other is not. The US constitution has a physical existence whereby it is written down and is accessible to virtually anybody in the US to refer to. Contrary to this, the UK constitution is regarded as being uncodified as it has not been formally established in a "bill of rights" format. However, these judgements of the constitutions are only accurate to a certain extent. The origins of both constitutions explain why they are different in structure due to the organic development of the UK constitution, comprised of conventions, acts and authoritative works, a...
4 Pages(1000 words)Essay

Constitutional Rights

... The Real World of Constitutional Rights and the Legal System The concept of rights in America is often misunderstood, as is the concept of what are referred to as “Constitutional Rights.” Since it is widely recognized that the Supreme Court is arguably the “supreme power” in the US, we check to see what they think about the concept of rights: As in our intercourse with our fellow men, certain principles of morality are assumed to exist without which society would be impossible, so certain inherent rights lie at the foundation of all action and upon a recognition of them alone can free institutions be maintained. These inherent rights have never been more happily expressed than in the declaration of independence, that new evangel...
4 Pages(1000 words)Research Paper

Constitutional convention

... Constitutional Convention By the fall of 1786, reality downed upon the Americans that the Articles of Confederation, the underpinning document for the new-fangled United States approved in 1777, had to be significantly customized. The Articles denied the Congress any authority to control domestic affairs, no clout to control commerce, and no authority to tax. Lacking coercive authority, Congress entirely depended upon monetary hand-outs from the states, which at that time refused the Congress requests to be financed (McClellan 1-2). Congress at this time was totally bogged down by the bankruptcy it was steeped in, and could not afford to compensate the military for their services in the Revolutionary warfare, or settle the loans approved...
2 Pages(500 words)Essay

South Koreas Constitutional Court

South Korea’s Constitutional Review in Contrast with the US’s Task: South Korea’s Constitutional Review in Contrast with the US’s
Introduction
The constitution is a tool meant to bring justice for all on equal grounds in a country. The fact that political influence on the judicial system is rampant in most countries cannot be involved. This can be clarified by comparing the US and South Korea. In some cases, the elites take advantage and defy the constitution or influence ruling. However, the constitution can also be used to prevent the elites from oppressing the less influential.
Principled versus political motives in judicial decisions
It is normal for any constitution review to be based on neutrality and free from...
2 Pages(500 words)Essay

Catholic Church in Sixteenth-Century Europe

he mournful words of the Pontiff at that time, as he lay on his deathbed in 1559, clearly spell out the darkest moments of the Catholic Church. "From the time of St. Peter there has not been a pontificate so unfortunate as mine. How I regret the past! Pray for me." (Pope Paul IV). The erosion of its bastion in Europe necessitated action from the Catholic Church to stabilize and maintain its presence in Europe. (1
The age of the Reformation gave rise to the possibility of several national churches springing up in place of the Catholic Church. The prior attempts of reform, termed as heresy, and schism by the Catholic Church had failed, but the Reformist movement was not only proving a divisive force to Christendom in Europe but...
9 Pages(2250 words)Assignment

To What Extent Did the Constitutional Treaty Meet the Objectives Set for It by the Laeken Declaration

Peter Hain, Secretary of State for Wales speaking at Westminster Hall on the Convention on the Future of Europe noted that ‘the protocols envisage a formal role for national parliaments.

A treaty establishing a constitution for Europe was signed on 29 October 2004 in Rome and is required to be ratified by all Member States by November 1, 2006.3 Articles 1-2 of the Constitutional Treaty are consistent with the main goals expressed by the Laeken Declaration. The opening Articles declare that the European Union is founded upon mutual respect for basic human dignity, democracy, equality, human rights and the rule of law in general. The Articles go on to maintain that these goals and values are the mutual concern of al...
12 Pages(3000 words)Term Paper

Appealing against the Refusal of the County Court

It is obvious from the stated facts that she was aware at all times during the time of the design, construction and the building process itself and the objections raised by her at the time of invoice are absolutely belated. At this juncture, her refusal to pay for the construction, therefore, seems to be a breach of contract.

However, the regulation covers an important aspect of human values since it is concerned with the safety of wild animals and the risks posed to it by the construction of a pool with unsafe parameters. If the sole criterion of this concern for wildlife safety is considered it becomes difficult to associate it with either the location of the pool within an urban or rural area and Samantha’s con...
6 Pages(1500 words)Assignment

The Differences in the Advertising Practices in Europe and USA

...Introduction Background of the study: This report is a research proposal for detailed study of the differences in the advertising practices in Europe and USA. Advertising is one of the big industries in many countries. It is an industry where business, creativity, culture and many other human aspects meet together. This research work will focus entirely on the advertising industry in Europe and US. The main reason for the differences in advertising practices in US and Europe is the differences in the culture and government regulations of the two countries. The advertising practices in these countries follow a global pattern. “Advertisers of the leading brands of consumer goods were surveyed in Great Britain, Denmark, Finland, Sweden...
11 Pages(2750 words)Research Proposal

Insolvent Corporates Turnaround Success in Europe under Existing Insolvency Legislation

A study of the companies that have experienced insolvency and of those that have undergone restructuring along with those that have suffered due to stringent laws would help to formulate the policies for the future. Hence it has been proposed to collect such data through interviews of the company representatives along with the agents that are handling turnaround. Secondary data is available on different countries and along with the primary data collected it would be demonstrated that the right framework for the insolvency legislation could save any economy from the downside. The ethical considerations have been taken into account and the implications of the study have been ascertained.

To promote corporate rescue bankru...
11 Pages(2750 words)Thesis

A Warrant of Arrest Issued by a Court

... Warrantless Searches The right to privacy is a constitutionally guaranteed right. The Fourth Amendment to the United s provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (US Constitution). Thus, the United States Supreme Court held in Katz v. United States, 389 US 347, 357 that warrantless searches “are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions” (qtd. Acker...
13 Pages(3250 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The United States Supreme Court

The Court, consisting of nine lifelong justices, bears complete authority over the Federal courts but has lesser power over those of the states. It has the power of “last word” on decisions made by these Federal courts and makes the rules that these courts have to follow in their procedures (Wagman, 1993). In addition, all Federal courts must abide by the decisions laid down by the Supreme Court, as well as the United States Constitution. With respect to state courts, the interpretations and decisions that the Supreme Court makes apply, but the Court is limited to interpreting and changing Federal laws, not state laws. Thus, the Supreme Court cannot change conditions of state constitutions or interpret laws made by ind...
10 Pages(2500 words)Coursework

Why Was Napoleon Successful in His Bid to Dominate Europe

Napoleon’s strategic styles and unique approach of governance have been used in different ways by rulers across the world not only to keep the civilians of their respective nations under their control but at the same time, his strategic approaches proved to be sources of great inspiration for all those leaders who wished to receive an upper hand over the existing governing systems of other nations. It has always been a matter of great surprise for diplomats, politicians and strategy makers across the world to date that how within such a short period of time and at such a small age he has been able to receive such a huge rate of success. The same note of surprise and respect has explicitly been reflected Georges Lefebvre&rsqu...
11 Pages(2750 words)Article

Multicultural and Ethical Issues Dealing with the Court Systems

...Multicultural and ethical issues dealing with the court systems The criminal justice system of any nation is a reflection of that country’s approach towards cultural tolerance, the society we live in, as well as that of the issues faced by its citizens in present times. The criminal justice system in America depicts the widespread public sentiment and social trends which has grown to be highly multi-ethnic and multi-cultural in nature. The trend in crime and criminal activities have hence, also taken a multi-cultural turn, pushing the advocates of justice to make and implement laws to address the rapidly changing society. For instance, many developed countries have seen a drastic increase in immigrant population from all over the globe...
7 Pages(1750 words)Article
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Constitutional Court in Europe for FREE!

Contact Us