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How has the European Union been integrated in the past? Legal academics have traditionally pointed to the Court of Justice and to the broader idea of an ‘integration-through-law’. Through its supranational jurisprudence, the Court – not the EU legislature – was thus placed at the centre of the European integration project. The underlying reasons for this dominance of constitutional ‘law’ over legislative ‘politics’ have thereby been the subject of three famous explanations: the ‘equilibrium theory’ (Weiler), the ‘asymmetry theory’ (Scharpf) and the ‘over-constitutionalisation theory’ (Grimm). What are the merits of these grand theories of European integration when measured against the historical record? This article hopes to explore this question in the context of the internal market. Its historical revision begins with an analysis of the respective spheres of normative and decisional supranationalism during and after a foundational period (Sections 2 and 3). This is followed by an examination of the meaning and significance of the Cassis de Dijon judgment in the late 1970s. Through this revolutionary case, a dialectical relationship between the EU Court (‘law’) and the EU legislator (‘politics’) emerges (Section 4) that ultimately leads to the spectacular rise of EU legislation (Section 5) after the SEA. This transformational relationship will provide the critical lens for a historical revaluation of the three grand theories of legal integration (Section 6).
What are the philosophical and normative orientations of British international law scholarship during the Victorian era? This article explores and answers this question in three complementary steps. It begins with an analysis of the ‘public’ international law textbooks after 1830 to show that, instead of a single legal tradition, there coexisted three competing traditions during this period: a ‘naturalist’, an ‘historicist’ and a ‘voluntarist’ tradition. These three Victorian traditions will, in a second step, be studied in the context of ‘private’ international law—a discipline that developed and received its name during this period. A third section finally offers a detailed examination of the transformative work of Lassa Oppenheim, which straddled the Victorian nineteenth century and the ‘modern’ twentieth century. In revisiting the normative project(s) of Victorian international law, the article hopes to critique three prominent views in the contemporary academic literature. The first view holds that voluntarist State positivism exercised a dominant influence on British international law scholarship after 1830; a second view has claimed, relatedly, that during this period an idiosyncratic ‘English’ approach to international law emerged; and a third view has famously suggested that there was a ‘radical’ break in the discipline of international law around 1870.
The diagnosis of central nervous system tumours has been transformed in recent years from a microscopic morphology-based process to one dominated by the identification of somatic genetic alterations in tumour cells. This switch requires implementing radically different methods, for which appropriate training and financial resources must be allocated. The Canadian Association of Neuropathologists (CANP) has followed a process based on the scientific literature and consensus to develop recommendations for molecular testing of tumours of the brain and spinal cord, aiming to balance the need for treatment-determinant accurate diagnosis and the current limitations inherent in the transition to a new paradigm. The Professional Affairs Committee was charged with this task. A draft was discussed during the CANP general assembly, along with presentations from groups who had implemented molecular technologies, as well as others who relied on external laboratories. The Professional Affairs Committee summarised the consensus and submitted their recommendation to the CANP’s Executive Committee. A final report was posted on the CANP website for a month to allow all members to comment. The recommendations below apply to intrinsic tumours of the central nervous system and do not include metastatic disease or tumours impinging upon the nervous system from outside. These recommendations should be considered clinically relevant, as the results have direct consequences on the patient’s treatment, either through the use of targeted therapies or the trial-proven best application of radiation and/or chemotherapy.
Constitutionalism is the set of ideas that defines what a constitution is or ought to be. For some, there exists an essential core meaning of the term;1 while for others, the concepts of ‘constitution’ and ‘constitutionalism’ have fundamentally changed over time.2