Constitutional Court in Europe Essay Example | Topics and Well Written Essays - 5000 words

Constitutional Court in Europe - Essay Example The need for an effective and uniform EC law applying within national legal orders in compliance to a voluntary limitation f sovereignty by Member States is critical to the concept f integration. By considering the fact that supremacy is ultimately perceived throughout national courts to be a monolithic holy concept which bears tremendous implications if removed or limited, the question is then raised as to how Member States receive the 'supreme nature' f Community Law. In attempting to clarify the need for a supreme legal authority for integration, I will examine the supremacy f EC law and state its Treaty position with particular emphasis on significant case-laws that have shaped the supremacy debate. Furthermore, I will observe the Constitutionalization f the Treaty system, looking at the interplay f the doctrine f direct effect and doctrine f supremacy; under what conditions Member States might be provoked to challenge the authority f the ECJ; the expanding competence f the ECJ which now includes a political and judicial interplay f decision-making; and conclude with a look at what the Constitutional Treaty would have signified in terms f legalizing the doctrine f suprem acy and how the rejection has started questioning whether the Community law should be considered above and beyond national laws and if it has gone too far already. The role f the European Court f Justice in developing the legal means for the integration process and constructing a constitution from the Treaty f Rome is a fundamental factor in the eventual expansion f the Community into its form as a Union f soon to be 27 Member States. In order to understand the evolution f the ECJ from its initially idealized form designed by the Member States so that it "could not significantly compromise national sovereignty or national interest", to a judicial organ that entailed national legal organs to acknowledge its supremacy through "significant nonincremental adaptation f Community law, abandoning deeply entrenched, constitutive principles", an insight into the logic behind legal integration needs to be discussed. In respect to the relationship between legal integration and Member States, the neofunctionalist model f integration seeks to explain the role f both supranational and subnational actors and why nation-states accept the eventual infiltration f the Community law into the spheres f their national laws, which demands full jurisdiction and a limitation to their sovereignty. Legal integration, as perceived by the neofunctionalist model, is a two way process in which supranational and subnational actors both seek to further their own interests by respectively accepting and acceding certain rights and obligations in return for long term benefits, in a "'functional domain' shielded from the interplay f direct political interests". By building on this

Social Policy History Scavenger Hunt Assignment Essay

Social Policy History Scavenger Hunt Assignment - Essay Example Federal law is therefore binding on all states and is superior to state law. Historically all social policies directed towards marijuana have considered its essentially negative impact on the society. The legal history of marijuana shows that the drug has regularly been regulated by the government through different Acts. The role of government has been central in the implementation of laws pertaining to marijuana usage. On several occasions throughout history, regulations restricting marijuana usage have been relaxed and tightened. Since laws vary from state to state, laws pertaining to marijuana usage have also seen many inconsistencies. Despite federal law being superior to state laws and having made marijuana illegal, state laws continue to legalize marijuana usage. In such a case, there is increased confusion regarding what laws should be followed and how states can handle the issue. Federal law has been relatively more consistent with its stand on marijuana usage. However, state laws differ on their stand on marijuana usage. With Washington and Colorado having legalized medicinal and recreational use of marijuana within their states, many other states have been joining in. However, the vast majority of the states still continue to prohibit the use of marijuana. This is due to the social costs of marijuana legalization as a result of which social policy has historically shown great concern for marijuana legalization. The association of marijuana usage with other social vices such as crimes has led social policies to be focused more towards restricting marijuana usage. This stance is aligned with federal law which states that marijuana is illegal. The inconsistencies between state laws have also encouraged people to look for permanent answers in federalism (Reisert, 2015). The similarity between the marijuana legalization issue and social