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Form and Substance in European Constitutional Law: The ‘Social’ Character of Indirect Effect
Author(s) -
Niglia Leone
Publication year - 2010
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/j.1468-0386.2010.00517.x
Subject(s) - politics , interventionism (politics) , enforcement , character (mathematics) , political science , law and economics , balance (ability) , law , sociology , psychology , international relations , geometry , mathematics , neuroscience
This article proposes to understand the constitutional discourse about individuals, rights and enforcement, as developed in the courtrooms, in relation to historic and contextual circumstances. It focuses on the interface between indirect effect and social policy, and argues that the creation of indirect effect has been integral to a judicial strategy centred on the key concern for sustaining the balance between market freedom and interventionism as achieved in the political process.