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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

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Rights in the European Landscape: A Historical and Comparative Profile

Rights in the European Landscape: A Historical and Comparative Profile

Chapter:
(p.63) 4 Rights in the European Landscape: A Historical and Comparative Profile
Source:
The Coherence of EU Law
Author(s):

Michele Graziadei

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232468.003.0004

This chapter examines several events in legal history that either highlight the importance of rights in the actual working of legal systems, or else challenge their importance. These events fit within the wider European framework which contains a variety of approaches to the topic. The chapter also considers national legal traditions concerning rights and their resistance to change. The main underlying argument is that the resilience of these national traditions in Europe is primarily linked to the intellectual legacy of the 19th century and its 20th-century aftermath, which is now in shambles. This unpleasant diagnosis has been around for a long time, but little has been done so far to remedy it. In this field, finding a cure means looking beyond national traditions and stereotypes, and recognizing that it is more productive to think in terms of a common European legal culture.

Keywords:   legal rights, individual liberty, individual rights, constitutional protection, judicial review, European law, national traditions

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