Results 111 to 120 of about 2,096 (154)
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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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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, 2010This 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
2021How 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, 2023The 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, 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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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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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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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