Douglas-Scott on Human Rights & Justice in the EU

Sionaidh Douglas-Scott (University of Oxford – Faculty of Law; Queen Mary University of London) has posted Human Rights as a Basis for Justice in the European Union (Transnational Legal Theory (2017)) on SSRN.  Here is the abstract: Justice is a contested concept. A more graspable understanding of it requires the context of ‘injustice’. As such, a main theme of this paper is the disjunction between, on the one hand, strong reactions to injustice and a desire for some effective dimension to the EU, some normative adhesive that might bind the EU as an ethical entity; and on the other, the very great difficulty in identifying an enforceable concept of justice in an EU that continues to be driven by a market mentality. This paper also argues that it is the very sui generis, supranational status of the EU that creates particular obstacles to the realisation of a shared sense of justice. Due to this structural limitation, it is argued that any agreed concept of…

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