Europe?s Justice Deficit?
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Product details:
- Edition number 1
- Publisher Hart Publishing
- Date of Publication 26 March 2015
- Number of Volumes Hardback
- ISBN 9781849465274
- Binding Hardback
- No. of pages510 pages
- Size 244x169x25 mm
- Weight 1022 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice.
The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect.
The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Table of Contents:
1. Europe's Justice Deficit Introduced, Dimitry Kochenov and Andrew Williams
Part One
2. The Ought of Justice, Dimitry Kochenov
3. The Problem(s) of Justice in the European Union, Andrew Williams
4. Justice, Injustice and the Rule of Law in the EU, Sionaidh Douglas-Scott
5. The Question of Standards for the EU: From 'Democratic Deficit' to 'Justice Deficit?', Oliver Gerstenberg
6. Justice as Europe's Signifier, Suryapratim Roy
7. 'Constitutional Justice' and Judicial Review of EU Legislative Act, Dorata Leczykiewicz
Part Two
8. Politicising Europe's Justice Deficit: Some Preliminaries, Michael A Wilkinson
9. Whose Justice? Which Europe?, Agustín José Menéndez
10. We the People: EU Justice as Politics, Daniel Augenstein
11. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis, Danny Nicol
12. Is Transnational Citizenship (Still) Enough?, Justine Lacroix
Part Three
13. The Evolving Idea of Political Justice in the EU: From Substantive Deficits to the Systemic Contingency of European Society, Jirí Pribán
14. Justice and the Right to Justification: Conceptual Reflections, Jürgen Neyer
15. Justice, Democracy and the Right to Justification: Reflections on Jürgen Neyer's Normative Theory of the European Union, Rainer Forst
16. Disproportionate Individualism, Stavros Tsakyrakis
17. Justice in and of the European Union, Neil Walker
18. Social Legitimacy and Purposive Power: The End, the Means and the Consent of the People, Gareth Davies
Part Four
19. Social Justice in the European Union: The Puzzles of Solidarity, Reciprocity and Choice, Juri Viehoff and Kalypso Nikola?dis
20. The Preoccupation with Rights and the Embrace of Inclusion: A Critique, Alexander Somek
21. A Reply to Somek, Andrew Williams
22. Taking Change Seriously: The Rhetoric of Justice and the Reproduction of the Status Quo, Damjan Kukovec
23. Victimhood and Vulnerability as Sources of Justice, András Sajó
24. Conceptions of Justice From Below: Distributive Justice as a Means to Address Local Conflicts in European Law and Policy, Fernanda G Nicola
25. Qu'ils mangent des contrats: Rethinking Justice in EU Contract Law, Daniela Caruso
26. Just Fatherlands? Judging the Shoah in Strasbourg, Carole Lyons
27. An Idea of Ecological Justice in the EU, Jane Holder
28. Freedom of Expression and Spatial (Imaginations of) Justice, Antonia Layard
29. The Just World, Dimitry Kochenov
30. Conclusion, Gráinne de Búrca
