General Principles of Law

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.

This book has a somewhat stronger leaning towards legal history and legal theory than most of the previous publications within this field, trying to put the issue of general principles in a given theoretical context. This definitely makes it an interesting and important contribution to EU law literature.

• 1. Introduction 2. General Principles of International Law Catherine Redgwell3. From Myth to Reality: The EU’s ‘New Legal Order’ and the Place of General Principles Within It Stephen WeatherillPart I: General Principles of European Union Law4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice Urška Šadl and Joxerramon Bengoetxea5. Is Legality a Principle of EU Law? Alexander Somek6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson7. General Principles and Customary Law in the EU Legal Order Samantha BessonPart II: Proportionality8. Proportionality Alison L Young and Gráinne de Búrca9. Proportionality and Judicial Review: A UK Historical Perspective Paul Craig10. The Evolution of the Principle of Proportionality in EU Law—Towards an Anticipative Understanding? Juliane Kokott and Christoph Sobotta11. Proportionality and the Margin of Appreciation: Strasbourg and London Philip Sales12. Origins and Presentation of the Proportionality Principle in French Case Law Yoan Sanchez13. An Italian Perspective on the Principle of Proportionality Giuseppe Martinico and Marta Simoncini14. The Application of Proportionality in Denmark in the Light of European Legal Integration Helle KrunkePart III: Private Autonomy and Protection of the Weaker Party15. Private Autonomy and Protection of the Weaker Party Stephen Weatherill, Stefan Vogenauer and Petra Weingerl16. Private Autonomy and the Protection of the Weaker Party: Historical Hector L MacQueen and Stephen Bogle17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview Dori Kimel18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics Fernando Gómez and Mireia Artigot19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of theEuropean Union Daniela Caruso20. Discrimination on Grounds of ObesityNiilo Jääskinen21. Discrimination on the Grounds of Sexual Orientation and Gender Identity Alina TryfonidouConcluding Remarks22. Judging General Principles David Edward