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The State of the European Union Vol. 7With US or Against US? European Trends in American Perspective$
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Nicolas Jabko and Craig Parsons

Print publication date: 2005

Print ISBN-13: 9780199283958

Published to Oxford Scholarship Online: February 2006

DOI: 10.1093/0199283958.001.0001

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Rights in the European Union: Convergent with the USA?

Rights in the European Union: Convergent with the USA?

Chapter:
(p.371) 16 Rights in the European Union: Convergent with the USA?
Source:
The State of the European Union Vol. 7
Author(s):

Martin Shapiro (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199283958.003.0016

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

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