The Political Power of the European Court

These flashcards cover key concepts and terms related to the European Court of Justice's political power and the role of law in political development as discussed in the lecture.

European Court of Justice (ECJ)

An institution within the European Union that ensures compliance with EU law and settles disputes related to it.

Direct Effect

A legal doctrine established in 1963 allowing individuals to invoke European law in national courts.

Supremacy of EC Law

The principle that European Community law takes precedence over national legislation.

Initial Weakness of the ECJ

The ECJ began as a weak court with limited authority, primarily relying on political negotiations.

Legal and Constitutional Controversy

Issues surrounding the acceptance of EC law supremacy affecting parliamentary sovereignty and separation of powers.

Competition Between Courts

The dynamic whereby lower courts leverage EC law to challenge higher courts, thus driving legal integration.

Political Development

The concept that law can shape political authority and governance, as demonstrated by the EU.

Bottom-up legal mobilization

A decentralized process where individuals bring cases, prompting national courts to refer them to the EU courts and expand European law.

Rule of Law Constraints

Legal limitations that prevent governments from undermining court authority without constitutional repercussions.

Legal Governance

The use of law as a means of political control, which can lead to empowerment of citizens but also has inherent limitations.