Publication
Title
Constitutional review in the mega-Leviathan: a democratic foundation for the European Court of Justice
Author
Abstract
The European Court of Justice (ECJ) serves, among other things, as a constitutional court for the EU. This means that it possesses the legal right to strike down both EU and national laws it deems irreconcilable with treaty provisions. In the present article, we shall draw on Hans Kelsen's theory of democracy to argue that the ECJ's competence to review and invalidate legislation is, in fact, indispensable for the democratic legitimacy of the EU's legal system as a whole.
Language
English
Source (journal)
European law journal / European University Institute. Academy of European Law [Florence] - Oxford
Publication
Oxford : 2010
ISSN
1351-5993 [print]
1468-0386 [online]
Volume/pages
16:6(2010), p. 695-716
ISI
000284070800001
Full text (Publisher's DOI)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 18.11.2010
Last edited 14.07.2017
To cite this reference