Results 211 to 220 of about 2,197 (253)

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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Constitutional Dialogue and Judicial Supremacy

SSRN Electronic Journal, 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-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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Judicial Dialogue about Judicial Independence in terms of Rule of Law Backsliding

SSRN Electronic Journal, 2023
The latest CEU DI Working Paper by our Post-doctoral Fellow Barbara Grabowska-Moroz discusses the recent ruling of the Court of Justice of the EU in the Getin Noble Bank case (C-132/20) in which the Court decided to discuss judicial independence with the Polish "judge" appointed by the captured council for the judiciary.Both aspects of the Getin Noble ...
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The Challenges of the Judicial Dialogue in Mercosur

The Law and Practice of International Courts and Tribunals, 2015
Since 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

2017
This 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 politics of judicial dialogue

2023
David S. Law, Mark Tushnet
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Transnational Judicial Dialogue as an Organisational Field

European Law Journal, 2013
AbstractOver the last few decades, judges and courts have had an important role in global governance. They also now communicate with each other more than they used to. Scholars have named this phenomenon ‘the transnational judicial dialogue.’ This paper calls for a comprehensive understanding of this judicial dialogue in a way that will explain the ...
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The Limits of Global Judicial Dialogue

2016
The 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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Judicially Moderated Dialogue and the 'War on Terror'

SSRN Electronic Journal, 2010
Institutional 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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