Results 21 to 30 of about 1,754,051 (276)

Lower Instance National Courts and Tribunals in Member States and Their Judicial Dialogue with the Court of Justice of the European Union

Nordic journal of european law, 2021
The vast majority of cases that are submitted to the Court of Justice of the European Union (the Court) through the preliminary reference procedure that is contained in Article 267 TFEU come from lower instance national courts and tribunals in EU Member ...
G. Butler
semanticscholar   +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

European 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, Francesco Costamagna   +1 more
doaj   +1 more source

In the Region of Middle Axioms: Judicial Dialogue as Wide Reflective Equilibrium and Mid-level Principles

Law and Philosophy, 2021
This article addresses the use of foreign law in constitutional adjudication. We draw on the ideas of wide reflective equilibrium and public reason in order to defend an engagement model of comparative adjudication.
J. J. Moreso, Chiara Valentini
semanticscholar   +1 more source

Constitutionalism from the Top Down

Osgoode Hall Law Journal, 2007
Dialogue theory regards judicial interpretation of the Charter as authoritative, and, as a result, denies that continuing disagreement with the courts is legitimate.
Grant Huscroft
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

European 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

Studia 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

Sharpening the Dialogue Debate: The Next Decade of Scholarship

Osgoode Hall Law Journal, 2007
The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a ...
Kent Roach
doaj   +1 more source

The Supreme Court of Canada, Charter Dialogue, and Deference

Osgoode Hall Law Journal, 2009
For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea of dialogue offers a promising middle path between the extremes of judicial and legislative supremacy.
Rosalind Dixon
doaj   +1 more source

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

Revista 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

Constitutional elements of the Global Network

Estudios 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