Results 11 to 20 of about 198,210 (340)

Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue

open access: yesGöttingen Journal of International Law, 2022
The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of
Francis Maxwell
doaj   +1 more source

The law and facts of the preliminary reference procedure: a critical assessment of the EU Court of Justice’s source of knowledge

open access: yesEuropean Law Open, 2023
The preliminary reference procedure is today the ‘infringement procedure of the European citizen’. Although it was initially designed as a mechanism for judicial cooperation, the procedure soon became an instrument for supranational judicial review of ...
Virginia Passalacqua   +1 more
doaj   +1 more source

Defending the Rule of Law or Reality Based Self-defense? A New Polish Chapter in the Story of Judicial Cooperation in the EU

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 851-869 | Article | (Table of Contents) I. Introduction. - II. Theoretical framework: why national judges participate in judicial dialogue with the CJEU. - III. Judiciary
Urszula Jaremba
doaj   +1 more source

Dialog między regionalnymi trybunałami praw człowieka

open access: yesStudia Prawa Publicznego, 2021
The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have
Anna Dąbrowska
doaj   +1 more source

coordination through judicial dialogue [PDF]

open access: yes, 2019
International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional ...
Sandholtz, Wayne
core   +1 more source

Constitutional elements of the Global Network

open access: yesEstudios de Deusto, 2014
The main thesis sustained in the paper is that judicial dialogue is a new concept/category that may solve some problems arising in situations of constitutional pluralism.
Rafael Bustos Gisbert
doaj   +1 more source

New Majoritarian Constitutionalism [PDF]

open access: yes, 2018
Ever since Alexander Bickel coined the phrase “countermajoritarian difficulty,” commentators have frequently described the Supreme Court as either a “majoritarian” or “counter-majoritarian” institution.
Landau, Joseph
core   +3 more sources

THE IMPACT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS JURISPRUDENCE IN THE INTERNATIONAL COURT OF JUSTICE CASE LAW - DOI: 10.12818/P.0304-2340.2019v75p419

open access: yesRevista da Faculdade de Direito da Universidade Federal de Minas Gerais, 2019
This article evaluates the impact of the Inter-American Court of Human Rights (IACtHR) jurisprudence in the  International Court of Justice (ICJ) case law. Based on empirical and qualitative analysis, it aims to present an overview of citations patterns
Paula Wojcikiewicz Almeida
doaj   +4 more sources

JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2019
The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018.
Bruna Žuber, Špela Lovšin
doaj   +1 more source

Application of the EAEU law by national courts and development of judicial dialogue

open access: yesПравоприменение, 2022
The subject. This article examines the dialogue between the EAEU Court and national courts, on the one hand, as the application by national courts of the court of the integration organization, on the other hand, – as a recourse by the supranational court
E. B. Diyachenko
doaj   +1 more source

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