Law and Outsiders : Norms, Processes and 'Othering' in the 21st Century (Paperback)

Contents PART ONE ADJUDICATION 1 Towards Proportionality as a Proportion Between Means and Ends Martin Luteran 2 Blown Out of Proportion: The Case against Proportionality as an Independent Ground of Judicial Review Paul Daly 3 Constitutional Judicial Review: The Eclectic Approach to Constitutional Interpretation Nelson Dordelly-Rosales PART TWO EUROPEAN LAW AND POLITICS 4 The End of the Pillars? A Single EU Legal Order after Lisbon Eulalia Sanfrutos Cano 5 Rule and Let Rule: Four Strategies to Overcome the 'Democratic Deficit' in the EU and their Implementation in the Treaty of Lisbon Matthias C Kettemann 6 Human Rights Protection in ECHR and EU Law: A Claim of Non-divergence Marton Varju PART THREE MIGRATION 7 Directive 2003/109 on Long-term Residence for Third-country Nationals: Possible Future Interpretation by the European Court of Justice Diego Acosta x Contents 8 Coexistent yet Interdependent Spheres of Competence: The Interface between Immigration and the Internal Market Stephen Coutts 9 Social Human Rights and Third-country Nationals in the EU: The Case of Social Dumping? Egle Dagilyte PART FOUR MINORITIES, IDENTITY AND RIGHTS 10 What Have Women Got to Do with Peace? A Gender Analysis of the Laws of War and Peacemaking Benedetta Faedi Duramy 11 Europe's Changing Approach Towards Blasphemy: The 'Right' not to be Offended, Sensitive Identities and Relativism Dorota A Gozdecka 12 Particular or Universal? National Identity and Human Rights: A Legal Approach Vincent Depaigne PART FIVE THE LIMITS OF LAW 13 Judgment and Solidarity: Toward a Phenomenology of Moral and Legal Judging in Arendt and Adorno Craig Reeves