Civil Courts and the European Polity : The Constitutional Role of Private Law Adjudication in Europe - Chantal Mak

Civil Courts and the European Polity

The Constitutional Role of Private Law Adjudication in Europe

By: Chantal Mak (Editor), Betül Kas (Editor)

Hardcover | 13 July 2023

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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.

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