Legality and The EU

Abstract

<p>In this work I address a number of important theoretical questions that the institutional order of the European Union (EU) poses for legal theory. I examine Raz’s approach to theorizing legality and several elements of his theory of law, arguing that the institutional structures of the EU resist the Razian theoretical framework. I also explore the inter-institutional theory of law developed by Culver and Giudice, arguing that its conceptual framework needs further development but that the conception of the ordinary law subject it employs is more robust than Raz’s. A significant portion of my work relies on the framework of <em>the indirectly evaluative approach</em> for evaluation of these theories, which was developed by Julie Dickson.</p>