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European Court of Justice; Hur kan dess utveckling till en konstitutionsdomstol förstås? En förklarande uppsats utifrån tre förklaringsmodeller

Stenkvist, Jakob LU (2010) STVK01 20101
Department of Political Science
Abstract (Swedish)
The thesis aims to explain to the development of the European Court of Justice into a constitutional court. The transformation of ECJ into a de facto constitutional court is studied using three perspectives, constitutionalism, neofunctionalism and by a judicial activism perspective. By using the three mentioned theories it’s made possible to understand the court’s development from a political and judicial development point of view as well as an actor.
The thesis studies how and why all the three theories, even though significantly different in approach and vision, still pushed the ECJ in a direction of becoming a constitution court.
At the end of the day, even though constitutionalism and judicial activism can explain important part of... (More)
The thesis aims to explain to the development of the European Court of Justice into a constitutional court. The transformation of ECJ into a de facto constitutional court is studied using three perspectives, constitutionalism, neofunctionalism and by a judicial activism perspective. By using the three mentioned theories it’s made possible to understand the court’s development from a political and judicial development point of view as well as an actor.
The thesis studies how and why all the three theories, even though significantly different in approach and vision, still pushed the ECJ in a direction of becoming a constitution court.
At the end of the day, even though constitutionalism and judicial activism can explain important part of the court’s development, it’s my belief that the neofunctionalist theory explains the most of how the court developed into a constitutional court. In the early days of the European integration process the politicians gave the court a certain supranational position which the court has held on to ever since. (Less)
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author
Stenkvist, Jakob LU
supervisor
organization
course
STVK01 20101
year
type
M2 - Bachelor Degree
subject
keywords
ECJ, konstitutionalism, neofunktionalism, judicial activism, konstitutionsdomstol, europeisk integration
language
Swedish
id
1608332
date added to LUP
2010-06-29 15:55:12
date last changed
2010-06-29 15:55:12
@misc{1608332,
  abstract     = {The thesis aims to explain to the development of the European Court of Justice into a constitutional court. The transformation of ECJ into a de facto constitutional court is studied using three perspectives, constitutionalism, neofunctionalism and by a judicial activism perspective. By using the three mentioned theories it’s made possible to understand the court’s development from a political and judicial development point of view as well as an actor. 
The thesis studies how and why all the three theories, even though significantly different in approach and vision, still pushed the ECJ in a direction of becoming a constitution court. 
At the end of the day, even though constitutionalism and judicial activism can explain important part of the court’s development, it’s my belief that the neofunctionalist theory explains the most of how the court developed into a constitutional court. In the early days of the European integration process the politicians gave the court a certain supranational position which the court has held on to ever since.},
  author       = {Stenkvist, Jakob},
  keyword      = {ECJ,konstitutionalism,neofunktionalism,judicial activism,konstitutionsdomstol,europeisk integration},
  language     = {swe},
  note         = {Student Paper},
  title        = {European Court of Justice; Hur kan dess utveckling till en konstitutionsdomstol förstås? En förklarande uppsats utifrån tre förklaringsmodeller},
  year         = {2010},
}