The Sovereignty of Law: The European Way

Description

Recently, the role of courts has changed dramatically. Not only do courts now have to decide cases between parties, they also often have to choose between competing fundamental values. Judges may have to balance the potentially conflicting interests of human life and human dignity; freedom of speech and the right of privacy; or free trade and the protection of the environment. The courts may have to circumscribe freedom of religion, and decide when religious dress may be worn. With the non-specialist in mind, and starting from the basic notion of the rule of law, this book explores how judges can and should address such issues. Both the European Convention on Human Rights and the European Union often play a decisive role, and the book points out both the advantages and the difficulties posed by this. Above all, it seeks to promote a more informed debate.

Professor of Law, King's College London, and Jean Monnet Professor. Formerly Advocate-General at the European Court of Justice, Luxembourg.

'... sheds much light on some of the most difficult questions of our time, and in a manner accessible to expert and casual readers alike. ... provides a veritable cognitive feast. The Cambridge University Press has done an admirable job of turning the lively lecture into an attractive and readable volume.' Cian C. Murphy This book is so highly interesting and relevant to governments and legal professionals that the JIEL editor felt it would be useful to provide JIEL readers a special version of Sir Francis' thinking. After discussions this has resulted in Sir Francis' kind acceptance of the JIEL invitation to prepare an essay which achieves this goal, building on the ideas of his book, but not necessarily limited by that book's contents ... Needless to say, readers will be benefited even more by reading the fuller version of his ideas in his book.