Constitutional Adjudication in European Community & National Law: Essays for the Hon. Mr. Justice T.F. O'Higgins
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Constitutional Adjudication in European Community & National Law: Essays for the Hon. Mr. Justice T.F. O'Higgins
This collection of essays, in paying tribute to the Hon Justice T.F. O'Higgins, former Judge of the Court of Justice of the European Communities and former Chief Justice of Ireland, addresses the dynamic role of the judge as constitutional interpreter. Drawing on the experience of the European Court of Justice, the Irish Superior Courts and higher courts in other member states, the contributors - who include leading Irish and European judges, practitioners and academics - analyze the process of constitutional adjudication. There are four parts in the book: European Community law; Irish law; the impact of European Community law on national law; and judicial review in other European jurisdictions. Topics covered range from the development of the Court of Justice as a constitutional court, the principle of subsidiarity, and the role of national judges in enforcing Community law, to specific aspects of European Community sybstantive law (fisheries, non-discrimination, free movement of persons and services). In the context of Irish law, the distinctive evolution in constitutional jurisprudence fashioned by the Irish courts is discussed. Elsewhere in the text, the issues of judicial review in Scotland, and the specific interface between Community law and British law are highlighted.
