Judicial Dialogue
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Judicial Dialogue And Human Rights
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Author : Amrei Müller
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-25
Judicial Dialogue And Human Rights written by Amrei Müller and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-25 with Law categories.
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
The International Court Of Justice And Municipal Courts
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Author : Oktawian Kuc
language : en
Publisher: Routledge
Release Date : 2022-04-28
The International Court Of Justice And Municipal Courts written by Oktawian Kuc and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Law categories.
Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.
Judicial Dialogue
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Author : Martin Belov
language : en
Publisher:
Release Date : 2019
Judicial Dialogue written by Martin Belov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order.00This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of judicial dialogue. The volume offers insightful analysis of the judicial dialogue in the spheres of public finance management putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies.
Judicial Dialogue On Human Rights
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Author : Paolo Lobba
language : en
Publisher: BRILL
Release Date : 2017-08-28
Judicial Dialogue On Human Rights written by Paolo Lobba and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-28 with Law categories.
The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.
The Interaction Between Europe S Legal Systems
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Author : Giuseppe Martinico
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
The Interaction Between Europe S Legal Systems written by Giuseppe Martinico and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Author : Madalina Moraru
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union written by Madalina Moraru and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Le Dialogue Des Juridictions Dans L Ordre Juridique International Entre Pluralisme Et S Curit Juridique
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Author : Maurizio Arcari
language : en
Publisher:
Release Date : 2014
Le Dialogue Des Juridictions Dans L Ordre Juridique International Entre Pluralisme Et S Curit Juridique written by Maurizio Arcari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Transnational Judicial Dialogue On International Law In Central And Eastern Europe
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Author : Anna Wyrozumska
language : en
Publisher:
Release Date : 2017
Transnational Judicial Dialogue On International Law In Central And Eastern Europe written by Anna Wyrozumska and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
The Limits Of Transnational Law
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Author : Hélène Lambert
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-18
The Limits Of Transnational Law written by Hélène Lambert and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-18 with Law categories.
A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
A Dialogue Between Law And History
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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
A Dialogue Between Law And History written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Law categories.
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.