Results 141 to 150 of about 1,063,301 (193)

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 ...
Sungmoon Kim
exaly   +2 more sources

The Judicial Dialogue in Europe

Vienna Online Journal on International Constitutional Law, 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.
exaly   +2 more sources

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?
openaire   +1 more source

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.
openaire   +1 more source

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.
openaire   +1 more source

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 ...
openaire   +2 more sources

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