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Dialogue Theory, Judicial Review, and Judicial Supremacy: A Comment on "Charter Dialogue Revisted"
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
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Constitutional judicial dialogue: international standards and judicial practice
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
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The Hidden Dialogue: When Judicial Competitors Collaborate
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
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
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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
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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
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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
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Judicial Dialogue in Human Rights [PDF]
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
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Constitutionalism from the Top Down
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
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Interpreting Law Through International Judicial Dialogue by Polish Courts
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
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