Castillo Ortiz, P.J. orcid.org/0000-0003-4540-1855 (2016) The Political De-Determination of Legal Rules and the Contested Meaning of the ‘No Bailout’ Clause. Social and Legal Studies. ISSN 0964-6639
Abstract
Traditional debates on legal theory have devoted a great deal of attention to the question of the determinacy of legal rules. With the aid of social sciences and linguistics, this article suggests a way out of the ‘determinate-indeterminate’ dichotomy that has dominated the academic debate on the topic so far. Instead, a dynamic approach is proposed, in which rules are deemed to undergo processes of political ‘de-determination’ and ‘re-determination’. To illustrate this, the article uses the example of Art. 125 of the Treaty on the Functioning of the European Union, the ‘no bailout’ provision, which played a major role in the management of the Euro-crisis. As will be shown, with the start of the crisis, this provision, whose meaning was once scarcely controversial, became the object of intense interpretative disagreement. As it became politically relevant, the rule also became the site of interpretative competitions, until the intervention of the European Court of Justice disambiguated and redefined its meaning.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016 Sage. This is an author produced version of a paper subsequently published in Social and Legal Studies. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Art. 125 TFEU; Euro-bailouts; Determinacy of Rules; Law and Politics; Juridical field |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 08 Aug 2016 10:07 |
Last Modified: | 25 Sep 2017 21:17 |
Published Version: | https://dx.doi.org/10.1177/0964663916666629 |
Status: | Published |
Publisher: | SAGE Publications |
Refereed: | Yes |
Identification Number: | 10.1177/0964663916666629 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:103469 |