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Spelling It Out−Convergence and Divergence in the Judicial Dialogue between cjeu and ECtHR

Nordic Journal of International Law, 2019
In this article we investigate the relationship between the Court of Justice of the European Union and the European Court of Human Rights as it manifests in explicit cross-references between the two Courts’ jurisprudence.
Amalie Frese, Henrik Palmer Olsen
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The Challenges of the Judicial Dialogue in Mercosur

The Law and Practice of International Courts and Tribunals, 2015
Since 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

2016
The 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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The politics of judicial dialogue

2023
David S. Law, Mark Tushnet
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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 ...
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Judicial Dialogue after the Genocide in Rwanda

International Community Law Review, 2019
Abstract In this study, the author describes the dialogue between the International Criminal Tribunal for Rwanda and the Gacaca courts after one of the bloodiest conflicts in the contemporary history of Africa – the 1994 genocide in Rwanda. The purpose of this work is to show how international and internal cooperation can influence the solving of armed
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Judicially Moderated Dialogue and the 'War on Terror'

SSRN Electronic Journal, 2010
Institutional dialogue is particularly important in the United States where the internal assessments of international legal obligations are often seen, rightly or wrongly, through the lens of its Constitution. This founding document divides the powers of government into three branches, and the result has often been a passing along of the state’s ...
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Constitutional Dialogue and the Justification of Judicial Review

Oxford Journal of Legal Studies, 2003
The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value. Abstracted from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political ...
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