On the Judicial Activism of the European Court

Author: Wang Qianhua
Publisher:
Publish Date: 2005-08-01
Features: This book focuses on the judicial activism of the European Court of Justice. Judicial activism refers to the judicial philosophy and actions of the European Court of Justice, where it interprets Community law during the adjudication of specific cases, not bound by precedent or the literal meaning of statutes. In the process of legal interpretation and application, the European Court does not limit itself to resolving specific disputes but, through judicial activism, creates and supplements Community law, forming new legal principles, filling gaps in the foundational treaties of the Community, and addressing shortcomings in secondary legislation. This has made significant contributions to the development of Community law and European integration. In deepening the study of the Community and its law, a thorough examination of the judicial activism of the European Court holds important practical significance and theoretical value.