Not really necessary to see the law in its best light – judges & theorists shouldn’t look at law through rose tinted spectacles, making it the best it can be – should instead describe it as it is
Dworkin: there’s no simple description of law as it is – describing it in that way necessarily involves an interpretative process which requires determining what the best interpretation of officials past actions is → law “as it is” is just a collection of past official decisions (i.e. pre-interpretive data) & collectively they can’t answer a legal question until some order is imposed on them; i.e. through “constructive interpretation”
Emphasises the possibility of revision too much/doesn’t provide coherent theory for “easy cases” (b/c still says interpretative element exists)
The theory’s strenght of being able to account for the way law is regularly subjected to change & re-characterisation is also its weakness →D argues that, even in situations where there seems to be a recent authoritative legal source directly on point, there’s still a need for interpretation since a skilled advocate could argue, whilst looking at past legal decisions, that appellate court’s decision was mistaken or too broad.
Emphasises the possibility of revision too much & the likelihood of settlement too little.It celebrates the notion of great individual judge rethinking whole area of law, thereby deflecting attention from important areas of consensus & shared understandings. The whole picture may actually be too grandiose to cope w/day to day choices which real judges have to make.
Defeats the purpose of having legal authorities b/c always allows questions which they’ve resolved by designing a legal system to be reopened (J. Shapiro vs UPVC window Glasgow)
Task of legal interpreter is to impute to legal practice political objectives which designers of the system sought to achieve→relevant purposes explain (not justify) the current practice. Should employ methodology which best harmonises or fits w/ these ideological objectives, regardless of their moral appeal.
Methodology is still grounded in social fact b/c specific purposes of legal system are matters of social fact & to uncover social objectives interpreter must analyze the institutional structure & determine which goals & values best explain why the legal system has its current shape. After all, if those in authority are trustworthy, which is what the law always supposes, then deferring to their judgment about how to attain the fundamental aims of the system is a highly effective strategy for actually attaining them
There is little to choose between Säger formula and that based on obstacles, and in cases such as Kraus, Schindler, and Kranemann the Court used both.
Problem 1:: Vague terminology. E.g in Carpenter, what was te obstacle that deterred Mr C from exercising his freedom to provide cross border services? – the separation of husband and wife which would eb detrimental to their family life, or the emotional distress? .. Some cases come close to saying that mere existence of national rule = restriction. This was similar as the Dentist Calgary
Problem 2: It makes no reference to size or scale of impediment: Graf indicates we need more than just remote impediment, in most cases it still takes very little to engage Treaties, e.g. Bosal, court found breach of art 49 because Dutch tax rule might “dissuade” parent company from carrying out its activities through intermediary est in another Member State. This decision cost the Dutch treasury millions.
Problem 3: Courts inability to deal with justifications that are of political/social policy nature. Demonstrated by facts of Viking. The one with reflagging the ship in Estonia to pay the seamen lower wages.(p 259). In United Pan Europe, however, Court took a more deferential approach. Diverging case law generates unpredictability
4.1 The Market Access approach: Restrictions Liable to Prohibit, Impede, or Render Less Attractive Free Movement
Shift from discrimination approach to a restriction approach can be traced back to Säger, where court said that art 56 required “not only elimination of all discrimin…but also abolition of any restriction, even if it applies without distinction to national provides of services and to those of other Member State, when it is liable to prohibit or impede activities or a provider of services est in another Member State where he awfully provides similar services.
Säger demonstrated willingness by Court to scrutinize national rules which, even potentially prohibit or impede restrict the individuals right to free movement.
Kraus: German student complained of german law that prohibited him to carry his LLM title acquired in UK in Germany. Court held that while measure, thought not discriminatory on grounds of nationality, was liable to hamper or to render less attractive exercise by Union nationals. Abogados de accidentes de auto – But then felt that rule was justified because need to protect public which will not necessary be alerted to abuse of academic titles. Felt it was proportionate and emphasized need for good governance.
Gebhard: German Rechtsanwalt set up practice in italy and called himself avvocato without registering in milan bar. Court focused on more general question of whether the measure was liable to prevent or hinder access to the market or exercise of the freedom and, finding it was, had to be justified.
But now, Court in more recent cases replaced Säger/Kraus/Gebhard market access formula in favor of the simpler wording, examining whether the national measure constitutes a ‘restriction’ on, or an obstacle to, free movement.
When you think about Northeastern Nevada, green fields rush into the mind with snow covered mountains. The Ruby Mountain and the Lamoille Canyon are the untouched places with a large number of alpine lakes. So, if you are impressed with the Nevada’s Rubies Route then pack your back and start your tour today. Here is the guide for your tour: Book your tickets from Skip hire Glasgow
How to Get There?
The Rubies route is present within Elko County. If you are not using the road then you can fly within small Elko airport that is 80 km in Northeastern Nevada. Every day, two flights go to the Nevada with the Delta Airlines that connect in the Salt Lake City.
Where to Stay?
The Elko town has a large number of accommodation options and it is the best camp for the exploring. Elko is actually the 30 minutes drive from Lamoille Canyon start and nearly 50 minutes away from trailheads to the Ruby Mountains.
It is also 50 minutes drive away from wells town where you will get best Nevada beer and natural hot spring. The red lion hotel and casino are the 3-star hotels with highly inexpensive rooms and an outdoor pool. Some other high star hotels are Ramada Elko Hotel and Hilton Garden Inn Elko.
Where to Eat?
Pine Lodge: the hotel in Lamoille is one of the uniquely experienced hotels for the ones who want juicy steaks, friendly service and peaceful atmosphere.
Star hotel: you will always be recommended by the star hotel if you ask any local because it is one of the best options for the travelers who want high-end steakhouse within Elko.Aspen’s bar and grill: this is one of the most renowned restaurants due to the large variety of dishes it offers to its customers. Whether you want steak or you want a fish, you will get everything there.
For all the tourists whether they have come from the world corners or they are the native Californians, the tough job is to plan the best weekend in California. It is quite hard to find out that which hotel to stay or which places to visit. So, here are the 4 best places you can visit in California on this weekend.
This is not hard to see that why people visit Santa Barbara once and they don’t want to leave it ever. This coastal city is much famous among the high-class foodies but the atmosphere is much easy to go. The walk along state streets and the rose gardens, cafes community and boutique shops – all are must-see places.
On the Catalina Island, the only thing to do is to spend the entire weekend on the beach. But there are also some other places where you should spend most of the time. The best place for the tour in Catalina Island is the Catalina Casino or you can go for the hiking of Trans-Catalina Trail.
Even due to the small glitz of LA and its glam over the island, this is one of the best places where you can plan camping.
Ventura is located on the coast between Malibu and Santa Barbara and it is the best sport for the surfer’s who like live music, better burritos and great bards. The Ventura is best known for the amazing sunset views it carries from the Serra Cross Park. It is also the two for one place as you can easily day trip to the Channel Island which is a few miles away from the coast.
The old-fashioned village Solvang is located at the base of Santa Ynez Mountains and it is known as the Danish Capital of America. The hidden village is a complete replica of the Denmark town with Danish eateries and bakeries. This is one of the best ways to get the international experience without leaving your states.