Chapter

Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7

Published in print August 2005 | ISBN: 9780199283958
Published online February 2006 | e-ISBN: 9780191603297 | DOI: http://dx.doi.org/10.1093/0199283958.003.0016
Rights in the European Union: Convergent with the USA?

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The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in the USA, constitutional judicial review has moved on to more and more rights announcing and protecting review by more and more courts over time. Still, European judicial action favoring rights developed by somewhat different routes and continues to exhibit certain features that reflect specifically European heritages and contrast with the US.

Keywords: judicial review; rights; Kelsen; European Court of Justice; judicial activism; Charter of Fundamental Rights

Chapter.  8957 words. 

Subjects: European Union

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