Results 21 to 30 of about 2,096 (154)
Dialog między regionalnymi trybunałami praw człowieka
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
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(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
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Sharpening the Dialogue Debate: The Next Decade of Scholarship
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
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The Supreme Court of Canada, Charter Dialogue, and Deference
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
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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
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Constitutional elements of the Global Network
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
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The Day the Dialogue Died: A Comment on Sauve v. Canada
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
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JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
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
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Application of the EAEU law by national courts and development of judicial dialogue
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
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Constitutional dialogue and judicial activism
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.
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