Law and Outsiders

Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of twenty-first-century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College London in June 2008.

Auteur

Cian C Murphy is Lecturer in Law at King's College London.
Penny Green is Professor of Law and Criminology and Head of Research at the School of Law, King's College London.

Contenu

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