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Dialogue Theory, Judicial Review, and Judicial Supremacy: A Comment on "Charter Dialogue Revisted"

open access: yesOsgoode Hall Law Journal, 2007
By suggesting that we view the judicial-legislative relationship as a dialogue, the authors of "Charter Dialogue" have greatly influenced constitutional debate in Canada.
Carissima Mathen
doaj   +4 more sources

Constitutional judicial dialogue: international standards and judicial practice

open access: yesКонституційно-правові академічні студії
Dialogue between courts is a mechanism for improving modern constitutional jurisdiction. The growth of information in this century has led to complex conflicts, making it difficult to provide a constitutional response solely based on the internal ...
Andriy Vatamaniuk
doaj   +4 more sources

The Hidden Dialogue: When Judicial Competitors Collaborate

open access: yesGlobal Jurist, 2008
Legal scholars have regularly focused on the conflict episodes between the Court of Justice and national constitutional courts. We try instead to investigate the techniques that both the Court of Justice and its national counterparts use to develop a hidden judicial dialogue, through which a non-legally bound harmonization is pursued, and mostly ...
Giuseppe Martinico
exaly   +6 more sources

How to Continue a Meaningful Judicial Dialogue About EU Law? From the Conditions in the CILFIT Judgment to the Creation of a New European Legal Culture

open access: yesUtrecht Journal of International and European Law, 2018
The aim of this article is to better understand the conditions outlined in the 'CILFIT' judgment and their role in creating a meaningful dialogue about European Union law. For these purposes two distinct views on the relation between language and meaning
Jacobien van Dorp, Pauline Phoa
exaly   +3 more sources

Honorary Judicial Speech “The Spirit of the Judicial Task and the Importance of International Judicial Dialogue”

open access: yesInternational Review of Law
The Standing International Forum of Commercial Courts (SIFoCC) was established in 2017 to share best practices among commercial courts in order to meet the challenges of rapid commercial change.
James Allsop
doaj   +4 more sources

Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

open access: yesGöttingen Journal of International Law, 2022
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of
Francis Maxwell
doaj   +1 more source

The law and facts of the preliminary reference procedure: a critical assessment of the EU Court of Justice’s source of knowledge

open access: yesEuropean Law Open, 2023
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. Although it was initially designed as a mechanism for judicial cooperation, the procedure soon became an instrument for supranational judicial review of ...
Virginia Passalacqua   +1 more
doaj   +1 more source

Judicial Dialogue in Human Rights [PDF]

open access: yesInternational Community Law Review, 2019
Abstract The editors and other authors of the studies contained in this volume have chosen to focus attention on the problem of the broad concept of judicial dialogue, defined as the communication between various judicial authorities. The studies included consider the problem of institutional relations in the field of human rights protection from a ...
Karska, Elżbieta, Karski, Karol
openaire   +2 more sources

Constitutionalism from the Top Down

open access: yesOsgoode Hall Law Journal, 2007
Dialogue theory regards judicial interpretation of the Charter as authoritative, and, as a result, denies that continuing disagreement with the courts is legitimate.
Grant Huscroft
doaj   +1 more source

Interpreting Law Through International Judicial Dialogue by Polish Courts

open access: yesBratislava Law Review, 2020
International judicial dialogue is a new method of law interpretation that gains popularity in analyses of legal scholars and still raises a lot of doubts both on its existence as well as its definition.
Magdalena Matusiak-Frącczak
doaj   +3 more sources

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