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Academic
: Legal Theory BlogPerju on the European Court of Justice
By Lawrence Solum
Vlad Perju (Boston College Law School) has posted Reason and Authority in the European Court of Justice (Virginia Journal of International Law, Vol. 49, No. 2, 2009) on SSRN. Here is the abstract:
This Article makes the case for a discursive turn in European law. Contrary to the prevailing view, politicizing the judicial discourse of the European Court of Justice would strengthen, more than undermine, the Court's authority. This argument is made with reference to the ECJ's reason giving practice, specifically to the relation between the form and content of its decisions. Allowing its members to write separate opinions will enable the Court to redefine its role on the European institutional and political stages The Article then answers doctrinal, institutional and juriscultural objections to its central thesis.
Full post as published by Legal Theory Blog on January 13, 2009 (boomark / email).
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