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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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Dialogue Theory, Judicial Review, and Judicial Supremacy: A Comment on "Charter Dialogue Revisted"
Osgoode Hall Law Journal, 2007In 2007, the Osgoode Hall Law Journal invited Peter Hogg (and co-authors) to revisit his highly influential 1997 article in which he proposed that in its Charter jurisprudence the Supreme Court of Canada often engages in a "dialogue" with the legislature.
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Judicial Review and Constitutional Dialogue
2023Abstract 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 ...
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2017
Introduction As underlined by the editor of this volume and by other contributors, much remains to be explored as to ‘how judges learn about foreign law developments’. This chapter lifts the veil on one of the ways via which judges – in this context, judges of the European Court of Human Rights (ECtHR or the Court) – learn about foreign legal material:
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Introduction As underlined by the editor of this volume and by other contributors, much remains to be explored as to ‘how judges learn about foreign law developments’. This chapter lifts the veil on one of the ways via which judges – in this context, judges of the European Court of Human Rights (ECtHR or the Court) – learn about foreign legal material:
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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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The Judicial Dialogue in Europe
ICL Journal, 2017Abstract 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.
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Judicial dialogue in three silences
New Journal of European Criminal Law, 2018The Taricco litigation before the Court of Justice and the Italian Constitutional Court has generated a number of fundamental questions about the relationship between EU law and national constitutional law and about the impact of EU law on domestic criminal justice systems.
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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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Scholarly-Judicial Dialogue in International Law
The Law & Practice of International Courts and Tribunals, 2017Abstract Much has been written about “judicial dialogue” in international law. This article explores a related, but much less studied, concept: “dialogue” between judges and scholars. Through examples taken from the International Court of Justice, the article proposes a classification of such dialogue and argues that it plays an important role in the ...
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