Constructing a Supranational Constitution
Constructing a Supranational Constitution
The sources and consequences of constructing a supranational constitution in Europe are traced. The relationship between private litigants, national judges, and the European Court of Justice has been central to this process. Thus, the ECJ fashioned a judicially enforceable constitution out of international treaty law—a unique achievement that is shown to have fundamentally transformed the European polity in the process in a multitude of ways.
Keywords: Doctrine of governmental liability, Doctrine of indirect effect, Doctrine of supremacy, European Court of Justice, Supranational governance
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