The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look from the Realist Perspectives of Semiotics

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (4):687-711 (2014)
  Copy   BIBTEX

Abstract

The European Stability Mechanism is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated rulings in legal challenges to the legal provisions establishing the ESM, courts avoided upsetting the complex arrangements in question by producing legal decision of direct political import and letting EU bailout measures go forward. In looking over different critical responses, we have seen an argument raised by media and legal scholars, according to which courts’ capitulation before the power of financial markets in the EMS rulings represents “a sign of judicial crisis” that marks the weakness of modern European jurisprudence. In light of their importance, we undertake a preliminary semiotic analysis of the ESM rulings of the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Our analysis aims at discerning the crucial aspects of those rulings is performed on the basis of different semiotic methodologies combined with the refined ideas of the Scandinavian analytical school of the doctrinal study of law. In traditional legal studies there seems to be a taken for granted assumption that there is one analytical way to dissect judicial reasoning of the supreme courts. This paper argues that the manner of analyzing the constitutional reasoning needs to be congruent with the particular research methodology

Other Versions

No versions found

Links

PhilArchive

    This entry is not archived by us. If you are the author and have permission from the publisher, we recommend that you archive it. Many publishers automatically grant permission to authors to archive pre-prints. By uploading a copy of your work, you will enable us to better index it, making it easier to find.

    Upload a copy of this work     Papers currently archived: 102,394

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View.Maciej Małolepszy & Michał Głuchowski - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (3):1147-1184.
The Preliminary Rulings Procedure.Allan Rosas - 2015 - In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 179–192.
Whose Reason or Reasons Speak Through the Constitution? Introduction to the Problematics.Karolina M. Cern, Piotr W. Juchacz & Bartosz Wojciechowski - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):455-463.

Analytics

Added to PP
2013-12-25

Downloads
37 (#626,055)

6 months
9 (#467,959)

Historical graph of downloads
How can I increase my downloads?