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Full-Text Articles in Law

The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein May 1984

The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein

Michigan Law Review

The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …


The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen May 1984

The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen

Michigan Law Review

An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.


Two Ideas Of International Organization, John H. Barton May 1984

Two Ideas Of International Organization, John H. Barton

Michigan Law Review

Political theory has long sought a philosophical basis for such ideas as law, authority, and freedom - but usually within the context of the nationstate. Only rarely has political theory placed the nation-state in an international framework; and, when it has tried, it has often done poorly. Sometimes the political theory becomes purely altruistic and utopian; at other times it works to support the irresponsibility of individual governments and the breakup of international order.