Precedents and Case-Based Reasoning in the European Court of Justice
Subtitle: Unfinished Business
Publisher: Cambridge University Press
Published: 2014
Language: eng
Number of pages: 351
ISBN-13: 9781107045491
Subjects: Stare decisis; Court of justice of the european communities; Judgments
Description: "Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies"--

"This book aims to provide a fresh eye to a topic that is both abiding and acute, and to deliberately do so by an amalgam of various juxtapositions: European law and international law, common law and civil law, doctrine and theory, legal academe and practice. Whether or not it succeeds, this work could not have been written without the contribution of many. Over the years, I have benefitted greatly from the insights of talented individuals too numerous to mention. My three intellectual homes - University College London, Harvard Law School and the Max Planck Institute for Comparative Public Law and International Law - have all deeply influenced this work in their own unique way. "--