Results 21 to 30 of about 2,096 (154)

Dialog między regionalnymi trybunałami praw człowieka

open access: yesStudia Prawa Publicznego, 2021
The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have
Anna Dąbrowska
doaj   +1 more source

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 851-869 | Article | (Table of Contents) I. Introduction. - II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. - III. Judiciary
Urszula Jaremba
doaj   +1 more source

Sharpening the Dialogue Debate: The Next Decade of Scholarship

open access: yesOsgoode Hall Law Journal, 2007
The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a ...
Kent Roach
doaj   +1 more source

The Supreme Court of Canada, Charter Dialogue, and Deference

open access: yesOsgoode Hall Law Journal, 2009
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea of dialogue offers a promising middle path between the extremes of judicial and legislative supremacy.
Rosalind Dixon
doaj   +1 more source

THE IMPACT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS JURISPRUDENCE IN THE INTERNATIONAL COURT OF JUSTICE CASE LAW - DOI: 10.12818/P.0304-2340.2019v75p419

open access: yesRevista da Faculdade de Direito da Universidade Federal de Minas Gerais, 2019
This article evaluates the impact of the Inter-American Court of Human Rights (IACtHR) jurisprudence in the  International Court of Justice (ICJ) case law. Based on empirical and qualitative analysis, it aims to present an overview of citations patterns
Paula Wojcikiewicz Almeida
doaj   +4 more sources

Constitutional elements of the Global Network

open access: yesEstudios de Deusto, 2014
The main thesis sustained in the paper is that judicial dialogue is a new concept/category that may solve some problems arising in situations of constitutional pluralism.
Rafael Bustos Gisbert
doaj   +1 more source

The Day the Dialogue Died: A Comment on Sauve v. Canada

open access: yesOsgoode Hall Law Journal, 2007
In Sauvé v. Canada (2002) a sharply divided Supreme Court of Canada nullified the inmate disenfranchisement provision of the Canada Elections Act. One of the more important aspects of the majority decision by Chief Justice McLachlin is her refusal to let
Christopher P. Manfredi
doaj   +1 more source

JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2019
The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018.
Bruna Žuber, Špela Lovšin
doaj   +1 more source

Application of the EAEU law by national courts and development of judicial dialogue

open access: yesПравоприменение, 2022
The subject. This article examines the dialogue between the EAEU Court and national courts, on the one hand, as the application by national courts of the court of the integration organization, on the other hand, – as a recourse by the supranational court
E. B. Diyachenko
doaj   +1 more source

Constitutional dialogue and judicial activism

open access: yesUzhhorod National University Herald. Series: Law, 2023
The dialogic model of jurisdiction cannot be seen as a simple defense against judicial activism, given that it can be added to it by opening the details of a decision to the cooperation of other actors, but without redeeming the political decision based on the decision.
openaire   +3 more sources

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