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Glendon, G. Carozza and C. B. Picker, Comparative Legal Traditions (2nd edn, Saint Paul, MN: West Group, 1994), 8; Choudhry, ‘Globalization in Search of Justification’, 835–837. g. Stone Sweet, Judicial Construction, 32. O. Fiss, ‘Objectivity and Interpretation’, Stanford Law Review, 34(4) (1982), 739–763, passim; H. Wechsler, ‘Toward Neutral principles of Constitutional Law’, Harvard Law Review, 73(1) (1959), 1–35, 25, passim. ; A. Fischer-Lescano and G. Teubner, ‘Reply to Andreas L. Paulus: Consensus as Fiction of Global Law’, Michigan Journal of International Law, 25(4) (2004), 1059–1073, 1066.

However, their effect as de facto precedents meant that their significance far transcended the small number of cases involved: the principles identified in them apply generally throughout the EU legal system. If one includes in the quantitative calculation all the cases that in turn explicitly or implicitly relied on the doctrines established in the leading judgments criticised by Sir Patrick Neill, virtually every ECJ judgment could be included within the category of ‘activist’ decisions. It might be objected here that in order to know what cases are important, one must first become familiar with the whole mass of case law.

G. Stone Sweet, Judicial Construction, 32. O. Fiss, ‘Objectivity and Interpretation’, Stanford Law Review, 34(4) (1982), 739–763, passim; H. Wechsler, ‘Toward Neutral principles of Constitutional Law’, Harvard Law Review, 73(1) (1959), 1–35, 25, passim. ; A. Fischer-Lescano and G. Teubner, ‘Reply to Andreas L. Paulus: Consensus as Fiction of Global Law’, Michigan Journal of International Law, 25(4) (2004), 1059–1073, 1066. the nature of interpretation 13 of the concepts that typically feature in the justification of the ECJ are similarly abstract or incommensurable, such as ‘the effectiveness’ of Union law, ‘uniformity’ and ‘legal protection’.

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