Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe

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Professor Chantal Mak Dr Betül Kas

Civil Courts and the European Polity

The Constitutional Role of Private Law Adjudication in Europe

Professor Chantal Mak, Dr Betül Kas

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English

Hart Publishing
13 July 2023

Civil codes & Civil law; Courts & procedure

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity.

Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop.

The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe’s political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

Edited by: Professor Chantal Mak, Dr Betül Kas
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 244mm, Width: 169mm,
ISBN: 9781509941674
ISBN 10: 1509941673
Pages: 296
Publication Date: 13 July 2023
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Chantal Mak is Professor of Fundamental Rights and Private Law at the Amsterdam Centre for Transformative Private Law (ACT), University of Amsterdam, the Netherlands. Betül Kas is a Post-Doctoral Researcher at Erasmus University Rotterdam, the Netherlands.