Results 221 to 230 of about 1,754,051 (276)

Transnational judicial dialogue in the rise of China: how the Chinese judiciary enhances the Belt and Road Initiative

Asia Pacific Law Review, 2021
Transnational judicial dialogue, initially treated by Anne-Marie Slaughter as a separate theoretical issue, refers to an inter-state engagement that is of growing importance in globalization.
Cong-Yan Cai, Yifei Wang
semanticscholar   +1 more source

Right to Life and Capital Punishment in Transnational Judicial Dialogue

Asian Journal of Comparative Law, 2021
In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment.
J. Hsu
semanticscholar   +1 more source

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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The Asymmetric Judicial Dialogue Between the ICJ and the IACtHR: An Empirical Analysis

, 2020
This article evaluates the judicial dialogue between the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR).
Paula Wojcikiewicz Almeida
semanticscholar   +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.
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Protocol No 16 to the ECHR: Managing Backlog through Complex Judicial Dialogue?

European Constitutional Law Review, 2019
European Court of Human Rights – Protocol No. 16 – Advisory Opinions – Managing backlog – Unpredictable effects – Complex judicial dialogue – Interplay with preliminary rulings of European Court of Justice and national constitutional courts – Bosphorus ...
Koen Lemmens
semanticscholar   +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.
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Judicial Dialogue between the European Court of Human Rights and the Court of Justice of the European Union in the Field of Legal Liability for Posting Hyperlinks

International Community Law Review, 2019
This paper discusses the judicial dialogue between the European Court of Human Rights and the Court of Justice of the European Union regarding the placing of hyperlinks on the internet.
Bartłomiej Oręziak
semanticscholar   +1 more source

Constitutional Empathy and Judicial Dialogue in the European Union

European Public Law, 2018
Constitutional law in Europe is a composite construct. In a context of legal pluralism, empathy becomes a constitutional virtue. Legal interfaces governing intersystem relations among EU and national laws must be devised and implemented accordingly.
Luis Arroyo Jiménez
semanticscholar   +1 more source

Judicial Dialogue in the Human Rights Domain

International Community Law Review, 2019
Judicial dialogue in the field of the protection of human rights has its own history and faces new challenges. In this article the author firstly explains the mechanism as such, and then tries to find some constructive conclusions concerning the real ...
B. Gronowska
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