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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 ...
Sungmoon Kim
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The Judicial Dialogue in Europe
Vienna Online Journal on International Constitutional Law, 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.
Valsamis Mitsilegas
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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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