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]
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.
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Judicial Dialogue and Fundamental Freedoms: The Main Features of An Established Judicial Trend [PDF]
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.
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(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
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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.
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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
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The Elusive Contours of Constitutional Identity: 'Taricco' as a Missed Opportunity
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
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Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)
(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
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Judicial Dialogue or National Monologue? The International Law and Hungarian Courts [PDF]
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
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The Danish Ajos Case: The Missing Case from Maastricht and Lisbon
(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
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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
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