Shulph Ink
Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe
Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe
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This book explores the place and role of judge-made private law in an emerging European polity, assessing and reflecting on the role of judges in civil cases for polity-building in Europe. It adds a private legal perspective to existing discourses in European constitutional law and aims to enrich two debates: the influence of fundamental rights in private legal relations and the constitutional dimension of European private law.
Format: Hardback
Length: 296 pages
Publication date: 13 July 2023
Publisher: Bloomsbury Publishing PLC
This book delves into the intricate relationship between judge-made private law and the emerging European polity. Through a comprehensive examination of case law from various theoretical perspectives, scholars and judges analyze and contemplate the critical role of judges in civil cases for the construction of European societies. The chapters offer a diverse and kaleidoscopic perspective on the dynamics of private law adjudication within the European context.
The primary objective of this book is to contribute a private legal perspective to the ongoing discussions in European constitutional law concerning Europes political constellation. It seeks to enrich two critical debates: the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are organized within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation, and reflections of judges on specific cases.
In the first chapter, the authors explore the political dimensions of European private law adjudication, examining how political factors influence the interpretation and application of private law. They discuss the role of judges in shaping the legal landscape and the impact of political decisions on the development of private law. The chapter also highlights the challenges faced by judges in maintaining independence and impartiality in the face of political pressure.
The second chapter delves into the rights conferred by judge-made private law, examining the scope and limitations of these rights. The authors analyze the interplay between fundamental rights and private law and discuss the challenges of reconciling conflicting rights claims. They also explore the role of judges in protecting and promoting individual rights within the European legal framework.
The third chapter examines the remedies available in judge-made private law, exploring the various types of remedies available to individuals and businesses. The authors discuss the role of remedies in resolving disputes and promoting justice and argue for the importance of effective remedies in maintaining the integrity of the legal system.
The fourth chapter explores the representation of parties in judge-made private law cases, examining the role of lawyers, advocates, and other legal professionals in the adjudication process. The authors discuss the challenges of access to justice and the need for legal aid programs to ensure that all individuals have equal access to legal representation.
The fifth chapter reflects on the experiences and insights of judges in specific cases, examining the decisions they have made and the lessons they have learned. The authors share their perspectives on the role of judges in civil cases for polity-building in Europe and offer insights into the challenges and opportunities faced by judges in their work.
In conclusion, this book provides a valuable contribution to the study of judge-made private law in an emerging European polity. By examining case law from diverse perspectives and sub-categories, the authors offer a comprehensive and nuanced understanding of the role of judges in civil cases for the construction of European societies. The book aims to enrich existing discourses in European constitutional law and contribute to the ongoing debate on the influence of fundamental rights in private legal relations and the constitutional dimension of European private law.
Dimension: 244 x 169 (mm)
ISBN-13: 9781509941674
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