EU Law, Fundamental Rights and National Democracy: 1st Edition (Hardback) book cover

EU Law, Fundamental Rights and National Democracy

1st Edition

By Eduardo Gill-Pedro

Routledge

226 pages

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Hardback: 9780815385967
pub: 2018-12-11
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Description

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

Table of Contents

Chapter 1: Introduction

PART I

Chapter 2: The Claim of Democratic Legitimacy

Chapter 3: Democracy and Human Rights

Chapter 4: Human Rights, Courts and Democracy

PART II

Chapter 5: The EU and the Member States

Chapter 6: The Point of Fundamental Rights in EU Law

Chapter 7: The Foundations of EU Fundamental Rights

Chapter 8: The EU Citizen as a Bearer of EU Rights

Chapter 9: Conclusion

About the Author

Eduardo Gill-Pedro is Postdoctoral Fellow at the Faculty of Law, Lund University, Sweden

About the Series

Routledge Research in Constitutional Law

This series features thought-provoking and original scholarship on constitutional law and theory. Books explore key topics, themes and questions in the field with a particular emphasis on comparative studies. Where relevant, titles will engage with political and social theory, philosophy and history in order to offer a rounded analysis of constitutions and constitutional law.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW018000
LAW / Constitutional
LAW052000
LAW / Jurisprudence
LAW109000
LAW / Government / General
POL007000
POLITICAL SCIENCE / Political Ideologies / Democracy
POL022000
POLITICAL SCIENCE / Constitutions