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Legal Theory and the European Union

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  • Neil Walker

Abstract

This paper looks at the way in which the legal theory of the EU has evolved over the last half century. A major theme is the ongoing tension between continuity and change – between EU legal theory as continuous with national legal theory and EU legal theory as something new and sui generis. With both the reductive and the productive aspects of this tension in mind, the major themes of legal theory in the EU are examined, in particular the question of theunity and authority of the EU legal system and the increased burden of law in the process of legitimating a post-state polity.

Suggested Citation

  • Neil Walker, 2005. "Legal Theory and the European Union," EUI-LAW Working Papers 16, European University Institute (EUI), Department of Law.
    • Handle: RePEc:erp:euilaw:p0032
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    Keywords

    supranationalism; European Court of Justice; integration theory; legitimacy; law;
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