A different type of polity requires a different type of constitution; more importantly, it also requires a different way of thinking, a new constitutionalism able to address the relevant descriptive and normative questions facing this new political entity. This thesis tries to contribute to the development of EU constitutionalism by focusing on the interplay between the different normative concerns behind the EU’s market freedoms identified in traditional legal discourse – as results mainly from court decisions and academic discussions –, and the institutional environment which mediates the freedoms’ application. It is hypothesised that such interplay can be better understood by reference to the findings of some disciplines ‘external’ to internal legal discourses such as economics, philosophy, or political science. Normatively, it is hoped that debates concerning the market freedoms that take into account ‘external elements’ will be more attractive to the legal community than those that do not include such considerations. Descriptively, it is submitted that the incorporation of insights arising from these ‘external’ disciplines into the traditional modes of discourse and analysis on the EU market freedoms – in effect, the internalisation of these ‘external’ elements – can provide better descriptive fits of the law and its development than theories that do not take them into account. An incidental result of this approach is that by the end of this thesis a theory of the market freedoms will have been sketched: by combining ‘internal’ and ‘external’ elements, an analytical framework can be developed that is able to make descriptive sense, formally and substantively, of free movement law at both its most general – where formal common structures seem to be undeniable, and a minimum common substantive content can be found –, and at its most detailed levels – where substantive variations and greater normative specification seem to exist.

À l'instar de ses homologues européens, le Conseil d'État a été érigé en juge de droit commun du droit de l'Union. L'exercice de cet office ne s'est pas fait sans heurts dès lors que le droit de l'Union européenne est venu défier certaines conceptions solidement enracinées dans la culture juridique nationale. Facteur de déstabilisation de l'office juridictionnel du Conseil d'État, l'ordre juridique de l'Union européenne s'est progressivement imposé comme le vecteur de sa modernisation et de la transformation de sa fonction juridictionnelle. La mise en œuvre de ce droit a conduit le Conseil d'État à se départir des dogmes juridiques auxquels il était profondément attaché et qui se trouvaient au cœur de son autolimitation. L'incidence de l'octroi de cet office juridictionnel se déploie au-delà de la stricte mise en œuvre des exigences mises à sa charge. Se matérialise, à l'échelle de l'Europe, l'émergence d'un espace européen partagé des juges qui se révèle être le berceau d'une circulation spontanée du droit. L'inscription du Conseil d'État en son sein participe inexorablement du processus d'enrichissement de son office en ce qu'il le conduit à s'ériger en acteur de l'édification d'un droit commun et du rapprochement de la justice administrative en Europe. / Like its European counterparts, the French Council of State was established to judge ordinary law in the European Union. Carrying out this duty has resulted in some conflict, as European Union law goes against certain notions that are entrenched in the national legal culture. The European Union's legal system, which has been a destabilising factor in the Council of State’s judicial duties, has gradually become an essential vector for the Council's modernisation and the transformation of its judicial function. Implementing this law has led the Council of State to move away from the legal dogmas that were at the centre of its self-limitation, to which it was profoundly attached. The implications of granting this judicial duty go far beyond rigidly implementing the requirements under its responsibility. At European level, a European space shared between the courts is starting to emerge, and is revealing itself to be the origin of a spontaneous movement of law. The Council of State's inclusion within this space is inexorably contributing to the process of enhancing its function, as it has resulted in the Council establishing itself as a player in the construction of ordinary law and in the alignment with European administrative justice.

Thesis (Ph. D.)--University of Technology, Sydney, Australia. / "July 2005." Title taken from PDF title screen (viewed September 4, 2007). Includes bibliographical references and appendices.

Freedom of Movement in the Environmental Law Abstract This thesis is concerning freedom of movement in the environmental law, i.e. the limitation of movement stemming from environmental legislation. Firstly, it is a current issue due to the COVID-19 pandemic - as the countryside has become a popular destination for many visitors. Secondly, it is a general issue - as the human population expands or as there are new possible ways of spending free time due to technological progress. The aim of this thesis is to analyse the current state of legislation in this area and to assess it in regard to satisfying its purpose, i.e. environmental protection. It was ascertained that the environmental legislation rather reached its goals, as it offered flexible protection to the specific needs of individual areas. The legislations drawbacks comprised of legal vacuums - it seldom contained provisions for movement in winter countryside or it did not include sufficiently general rules to apply on every manner of movement of people in nature. Another issue of the legislation is the lack of public awareness, its considerable fragmentation and limited chance of it being enforced due to understaffed public guards. Key words Environmental Law, Freedom of Movement, Environmental Protection

Using participant observation, in-depth interviews, and legislative histories, we examine Westboro Baptist Church, a religious group infamous for homophobic rhetoric and funeral protests. Employing cultural and interactionist perspectives that focus on the semiotics of death, the sacred, and desecration, we outline how Westboro’s activities purposively violate deeply held signifiers of moral order through language, while simultaneously respecting extant laws of behavior. This strategy, in conjunction with the political profitability of opposing the group, explains why the group’s activism triggered extensive legal disputes and modifications at multiple levels of governance. Westboro’s actions and use of symbols—and those of others against the group—lay bare multiple threads in the sacred cultural fabric of American society.