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100 | 1 |
_aSCHIMMELFENNIG, Frank _99640 |
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_aCompetition and community : _bconstitutional courts, rhetorical action, and the institutionalization of human rights in the European Union |
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_aOxfordshire : _bRoutledge, _cDecember 2006 |
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520 | 3 | _aThe institutionalization of human rights in the EU started when the ECJ began to make references to fundamental rights in its jurisprudence in the late 1960s. In this article, I explain this development as rhetorical action among constitutional courts - the ECJ, national constitutional courts, and the European Court of Human Rights - which are engaged in a competition over jurisdictions in the liberal international community. Because human rights are the highest-order constitutional norms in this community, successful claims for legal autonomy and supremacy must be based on the ability of courts to protect human rights at least as effectively as their competitors. In order to defend its autonomy vis-à-vis national constitutional courts, the ECJ incorporated human rights into its case law. However, by basing its jurisprudence on the European Convention on Human Rights, it has become increasingly entrapped in acknowledging the supremacy of the Strasbourg Court | |
773 | 0 | 8 |
_tJournal of European Public Policy _g13, 8 , p. 1247-1264 _dOxfordshire : Routledge, December 2006 _xISSN 1350-1763 _w |
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_a20070123 _b1841^b _cTiago |
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_a20100618 _b1049^b _cDaiane |
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_aConvertido do Formato PHL _bPHL2MARC21 1.1 _c22061 _d22061 |
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041 | _aeng |