Legal Developments

Hunt, Jo

doi:10.1111/1468-5965.39.s1.10-i1

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January 20081

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“…20 Sometimes the two are combined when existing legal doctrines are formally constitutionalised. The European Court of Justice (ECJ) referred to the EC Treaty as 'the basic constitutional charter' as early as 1986 21 and the current process of constitutionalisation may, in the words of Jo Hunt, 22 be seen as 'attempts to formalise and concretise certain constitutional doctrines which formerly existed in the Court's jurisprudence . .…”

Section: January 2008mentioning

confidence: 99%

Mapping Juridification

Blichner¹,

Molander²

2007

European Law Journal

177

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Juridification' is an ambiguous term, both descriptively and normatively. In this article we distinguish between five dimensions of 'juridification': constitutive juridification, juridification as law's expansion and differentiation, as increased conflict solving with reference to law, as increased judicial power and as legal framing. In the first part, we clarify the five dimensions. In the second part, we discuss the relationship between them and in a third and concluding part, we briefly comment on some of the challenges we are faced with from a normative point of view.

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Section: January 2008mentioning

confidence: 99%