EU Law, Fundamental Rights and National Democracy

Eduardo Gill-Pedro

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Hardback

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English

Routledge
11 December 2018

Jurisprudence & philosophy of law; Law & society; International human rights law; Constitutional & administrative law; Social law

Series: Routledge Research in Constitutional Law

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.

By: Eduardo Gill-Pedro
Imprint: Routledge
Country of Publication: United States
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9780815385967
ISBN 10: 081538596X
Series: Routledge Research in Constitutional Law
Pages: 238
Publication Date: 11 December 2018
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

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