Pregled bibliografske jedinice broj: 1184766
Judicial Landmarks and their Making at the Court of Justice of the European Union
Judicial Landmarks and their Making at the Court of Justice of the European Union // Financing and Implementing the Post-2015 Development Agenda: The Role of Law and Justice Systems / Fariello, Frank ; Boisson de Chazournes, Laurence ; Davis, Kevin E. (ur.).
Washington (MD): Svjetska banka, 2016. str. 255-264 doi:10.1596/978-1-4648-0545-5
CROSBI ID: 1184766 Za ispravke kontaktirajte CROSBI podršku putem web obrasca
Naslov
Judicial Landmarks and their Making at the Court of
Justice of the European Union
Autori
Rodin, Siniša
Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni
Knjiga
Financing and Implementing the Post-2015 Development Agenda: The Role of Law and Justice Systems
Urednik/ci
Fariello, Frank ; Boisson de Chazournes, Laurence ; Davis, Kevin E.
Izdavač
Svjetska banka
Grad
Washington (MD)
Godina
2016
Raspon stranica
255-264
ISBN
978-1-4648-0545-5
Ključne riječi
judicial landmarks ; Court of Justice of the European Union
Sažetak
In 1788, writing in Federalist Paper No. 78, Alexander Hamilton described the judiciary as the least dangerous branch of government. The judiciary, he wrote, “has no influence over either the sword or the purse ; no direction either of the strength or of the wealth of the society ; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judg- ment ; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” Yet for all Hamilton’s eloquence, certain judicial decisions, no maĴer which jurisdiction one talks about, clearly do have influ- ence and direction. Such judicial decisions become widely debated, objects of public controversy ; they impose limits on other branches of government ; and, ultimately, they become symbols. Such judicial decisions are said to be “landmarks.” This chapter discusses four aspects of judicial landmarks. The chapter begins by suggesting what qualities make a certain judicial decision a land- mark. The second section asks to what extent the capacity to make a land- mark depends on the court that decides a case. The third section singles out a few cases decided by the Court of Justice of the European Union (CJEU) that have acquired iconic status and are generally considered to be landmarks. The chapter concludes by discussing whether the landmark-making capacity of the CJEU has changed over time
Izvorni jezik
Engleski
Znanstvena područja
Pravo
