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Judicial dialogue on the right not to be punished twice

Grabenwarter, Christoph, Grabenwarter, Christoph   +1 more
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Scholarly-Judicial Dialogue in International Law

The Law & Practice of International Courts and Tribunals, 2017
Abstract Much has been written about “judicial dialogue” in international law. This article explores a related, but much less studied, concept: “dialogue” between judges and scholars. Through examples taken from the International Court of Justice, the article proposes a classification of such dialogue and argues that it plays an important role in the ...
Sondre Torp Helmersen
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Judicial Dialogue as a Means of Interpretation

2016
Antonios Tzanakopoulos
exaly   +2 more sources

Cross-Border Judicial Dialogue

Tom Gerald Daly
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The judicial dialogue

Argumentation, 1991
A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested?
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Judicial Review and Constitutional Dialogue

2023
Abstract This chapter argues that Confucian democratic constitutionalism promotes active constitutional dialogue between the branches of the government, especially between the legislature and the court. Even though the equal right to political participation and the equal right to constitutional protection of rights combine to constitute ...
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The Judicial-Policy-Dialogue Game

2021
How do courts show the two faces of judicial power in the interaction with the political branches? In order to approach this question, I design the Judicial-Policy-Dialogue Game. The game simplifies the implicit and explicit interaction between the highest court and the governing majority to identify core mechanisms in the interplay between both actors.
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Constitutional Dialogue and Judicial Supremacy

2010
This paper analyzes constitutional dialogue by comparing a constitutional system that (almost) entrenches judicial supremacy - the United States - with a constitutional system that seeks to reconcile a judicial and legislative role in constitutional interpretation - Canada. The argument has three parts.
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The Judicial Dialogue in Europe

ICL Journal, 2017
Abstract The increasing interdependence among different legal orders makes the role of jurisprudence ever more vital in the European constitutional space. As a consequence, the judicial dialogue is at the centre of academic debates. However, it is still an unclear concept, enveloped by a cloud of scepticism.
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