Justice Contained: Law and Politics in the European Union (Hardback)Lisa Conant (author)
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In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings.
What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.
Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Publisher: Cornell University Press
Number of pages: 272
Weight: 28 g
Dimensions: 229 x 152 x 25 mm
"Scholars interested in comparative courts and judicial politics, especially the ECJ in the process of European integration, should not hesitate in reading this very interesting book. Faculty teaching graduate seminars in law and politics of the European Union will also find in it a suitable course addition."* Perspectives on Politics *
"In this important and convincing study in practical constitutional politics, Conant demonstrates in wonderfully detailed case studies how the European Court of Justice depends on the support of domestic institutional actors and interests to turn judicial opinions into domestic policy.... Highly recommended for upper-division undergraduates and above."* Choice *
"Lisa Conant has written a wonderful book that I recommend to scholars in the fields of public law, European politics, comparative law, and public policy."-- Sally J. Kenney, Humphrey Institute of Public Affairs, University of Minnesota * The Law and Politics Book Review *