Results 61 to 70 of about 1,091,854 (192)

In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place [PDF]

open access: yesRatio Juris, 2015
AbstractI aim to shed theoretical light on the meaning of judicial dialogue by comparing its practice in different jurisdictions. I first examine the practice of dialogic judicial review inWestminster democracies and constitutional departmentalism inAmerican constitutional theory, showing the tendency toward judicial supremacy in both cases.
openaire   +1 more source

Judicial Dialogue and Fundamental Freedoms: The Main Features of An Established Judicial Trend [PDF]

open access: yesSSRN Electronic Journal, 2018
This article analyses the phenomenon commonly referred to as ‘judicial dialogue’ with the aim of describing its relevant aspects and its importance in the definition and protection of fundamental freedoms, in particular when minority rights are at stake.
openaire   +2 more sources

Power Talk: Effects of Inter-Court Disagreement on Legal Reasoning in the Preliminary Reference Procedure

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 887-910 | Article | (Table of Contents) I. Introduction. - II. Conceptual framework and terminology. - III. Data and research design. - III.1. The dataset.
Anna Wallerman Ghavanini
doaj   +1 more source

Other title: Kansas Code of Civil Procedure : Judicial Council Civil Code Advisory Committee Comments

open access: yes, 2009
application/pdf; "Approved by the Judicial Council December 4, 2009.""The Judicial Council Civil Code Advisory Committee has completed a two-year review of the Kansas Code of Civil Procedure, comparing the Kansas provisions with the ...
Kansas Judicial Council. Civil Code Advisory Committee.
core   +1 more source

Networks, Dialogue or One-Way Traffic? An Empirical Analysis of Cross-Citations Between Ten of Europe’s Highest Courts

open access: yesUtrecht Law Review, 2012
Today judges are said to 'see each other not only as servants and representatives of a particular polity, but also as fellow professionals in an endeavour that transcends national borders' (A.M. Slaughter).
Martin Gelter, Mathias Siems
doaj   +1 more source

The Elusive Contours of Constitutional Identity: 'Taricco' as a Missed Opportunity

open access: yesUtrecht Journal of International and European Law, 2020
The primacy of EU law continues to be challenged by domestic courts relying on the notion of constitutional identity. These challenges are no longer limited to the Solange case law of the German 'Bundesverfassungsgericht' (BVerfG) and the 'controlimiti ...
Robbert Bruggeman, Joris Larik
doaj   +1 more source

Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)

open access: yesEuropean Papers, 2019
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(3), 809-821 | European Forum Insight of 17 November 2019 | (Table of Contents) I. Introduction. - II. The principle of transparency in public procurement.
Manuel Peláez Muras
doaj   +1 more source

Judicial Dialogue or National Monologue? The International Law and Hungarian Courts [PDF]

open access: yes, 2013
The focus of this study is the application of international law by the Hungarian Constitutional Court and ordinary courts. The purpose of the paper is to reveal whether there is any judicial dialogue or just a national monologue in this field. To achieve
Chronowski, Nóra   +3 more
core  

The Danish Ajos Case: The Missing Case from Maastricht and Lisbon

open access: yesEuropean Papers, 2018
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 157-182 | Article | (Table of Contents) I. Introduction and structure. - II. Brief account on Ajos. - II.1. The reference to the Court of Justice. - II.2.
Helle Krunke, Sune Klinge
doaj   +1 more source

The Questions That Never Came: How National Judges Use Their Discretion in the Preliminary Ruling Procedure

open access: yesEuropean Journal of Empirical Legal Studies
While domestic judges ultimately decide whether to refer questions to the Court of Justice of the European Union (CJEU), little is known about how the idea to refer is introduced in national litigation or about the decision (not) to refer.
Isak Nilsson
doaj   +1 more source

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