Results 151 to 160 of about 1,063,301 (193)
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Judicial dialogue in three silences
New Journal of European Criminal Law, 2018The Taricco litigation before the Court of Justice and the Italian Constitutional Court has generated a number of fundamental questions about the relationship between EU law and national constitutional law and about the impact of EU law on domestic criminal justice systems.
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The Challenges of the Judicial Dialogue in Mercosur
The Law and Practice of International Courts and Tribunals, 2015Since its inception, Mercosur has opted for a non-coercive and diplomatic dispute settlement system. State Parties still oscillate between institutionalization based on the European model and the maintenance of an arbitral system for the settlement of disputes. This choice is linked to the possibility and limits of judicial dialogue in Mercosur.
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Judicial Dialogue and Human Rights
2017This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia.
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The Limits of Global Judicial Dialogue
2016The notion that 'global judicial dialogue' is contributing to the globalization of constitutional law has attracted considerable scholarly attention. Numerous scholars have characterized the citation of foreign law by constitutional courts as a form of 'dialogue' that both reflects and fosters the emergence of a common global enterprise of ...
Law, DS, Chang, WC
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Regional Judicial Cooperation and Dialogue
Abstract This chapter explores intra-Asian judicial dialogues that take place through personal encounters or electronic means. It suggests that instances of such judicial cooperation can vary in design along four dimensions: bilateral-multilateral, generalist-specialist, ad hoc-systematic, and formal-informal; and it illustrates the ...openaire +1 more source
Scholarly-Judicial Dialogue in International Law
The Law & Practice of International Courts and Tribunals, 2017Abstract 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 ...
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Judicial Dialogue after the Genocide in Rwanda
International Community Law Review, 2019Abstract In this study, the author describes the dialogue between the International Criminal Tribunal for Rwanda and the Gacaca courts after one of the bloodiest conflicts in the contemporary history of Africa – the 1994 genocide in Rwanda. The purpose of this work is to show how international and internal cooperation can influence the solving of armed
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Judicially Moderated Dialogue and the 'War on Terror'
SSRN Electronic Journal, 2010Institutional dialogue is particularly important in the United States where the internal assessments of international legal obligations are often seen, rightly or wrongly, through the lens of its Constitution. This founding document divides the powers of government into three branches, and the result has often been a passing along of the state’s ...
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Constitutional Dialogue and the Justification of Judicial Review
Oxford Journal of Legal Studies, 2003The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value. Abstracted from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political ...
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