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Publication details

Schütze, Robert (2018). Judicial Majoritarianism Revisited: “We, the Other Court”? European Law Review 43(2): 269-280.

Author(s) from Durham


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.