The Function of Judicial Decision in European Economic Integration

1. Front Matter

   Pages N2-XVI

   PDF

2. The Organizational Framework of the Court of Justice

   1. Front Matter

      Pages 1-3

      PDF

   2. The Legal Character of the Communities

      • Clarence J. Mann

      Pages 4-48

   3. The Jurisdiction of the Court

      • Clarence J. Mann

      Pages 49-89

3. The Theoretical Foundations of Judicial Decision

   1. Front Matter

      Pages 91-92

      PDF

   2. The Concept of Law in Judicial Decision

      • Clarence J. Mann

      Pages 93-140

   3. The Institutional Foundations of Judicial Decision

      • Clarence J. Mann

      Pages 141-224

4. The Jurisprudence of the Court

   1. Front Matter

      Pages 225-226

      PDF

   2. The Search for Purpose

      • Clarence J. Mann

      Pages 227-317

   3. The Search for Authority

      • Clarence J. Mann

      Pages 318-432

   4. The Search for Practicability

      • Clarence J. Mann

      Pages 433-507

   5. Conclusions

      • Clarence J. Mann

      Pages 508-515

5. Back Matter

   Pages 516-567

   PDF

The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net­ work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter­ national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan­ dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro­ pean Convention.

• conflict
• Europe
• European Convention on Human Rights
• human rights
• international law
• interpretation
• judicial power
• jurisprudence
• justice
• Kelsen
• law
• legal order
• legal science
• positivism
• responsibility

Policies and ethics