Law and Outsiders : Norms, Processes and 'Othering' in the 21st Century.

Prelims -- Preface -- Contents -- List of Contributors -- Part One Adjudication -- 1 Towards Proportionality as a Proportion Between Means and Ends -- 2 Blown Out of Proportion: The Case against Proportionality as an Independent Ground of Judicial Review -- 3 Constitutional Judicial Review: The Eclectic Approach to Constitutional Interpretation -- Part Two European Law and Politics -- 4 The End of the Pillars? A Single EU Legal Order after Lisbon -- 5 Rule and Let Rule: Four Strategies to Overcome the 'Democratic Deficit' in the EU and their Implementation in the Treaty of Lisbon -- 6 Human Rights Protection in ECHR and EU Law: A Claim of Non-divergence -- Part Three Migration -- 7 Directive 2003/109 on Long-term Residence for Third-country Nationals: Possible Future Interpretation by the European Court of Justice -- 8 Coexistent yet Interdependent Spheres of Competence: The Interface between Immigration and the Internal Market -- 9 Social Human Rights and Third-country Nationals in the EU: The Case of Social Dumping? -- Part Four Minorities, Identity and Rights -- 10 What Have Women Got to Do with Peace? A Gender Analysis of the Laws of War and Peacemaking -- 11 Europe's Changing Approach Towards Blasphemy: The 'Right' not to be Offended, Sensitive Identities and Relativism -- 12 Particular or Universal?National Identity and Human Rights: A Legal Approach -- Part Five The Limits of Law -- 13 Judgment and Solidarity: Toward a Phenomenology of Moral and Legal Judging in Arendt and Adorno -- Index.

This book covers 5 important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.