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Judicial majoritarianism revisited : 'we, the other court'?

Schütze, Robert (2018) 'Judicial majoritarianism revisited : 'we, the other court'?', European law review., 43 (2). pp. 269-280.


Re-examines the theory of judicial majoritarianism advanced by Miguel Maduro in respect of the EU internal market, which saw the ECJ as a quasi-legislature which judicially harmonised national rules according to the interests of all Member States. Reflects on the descriptive limitations of Maduro's concept, the normative problems it creates, and the difficulties of its practical test for revealing suspect national rules.

Item Type:Article
Full text:(AM) Accepted Manuscript
Available under License - Creative Commons Attribution Non-commercial.
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Publisher statement:This is a pre-copyedited, author-produced version of an article accepted for publication in European law review following peer review. The definitive published version Schütze, Robert (2018). Judicial Majoritarianism Revisited: “We, the Other Court”? European Law Review 43(2): 269-280 is available online on Westlaw UK or from Thomson Reuters DocDel service.
Date accepted:11 May 2017
Date deposited:14 June 2017
Date of first online publication:09 April 2018
Date first made open access:09 April 2020

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