Civil Courts And The European Polity: The Constitutional Role Of Private Law Adjudication In Europe

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

• | Author: Chantal Mak, Betül Kas
• | Publisher: Hart Publishing
• | Publication Date: Jul 13, 2023
• | Number of Pages: 296 pages
• | Language: English
• | Binding: Hardcover
• | ISBN-10: 1509941673
• | ISBN-13: 9781509941674