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Author : Amrei Müller,Hege Elisabeth Kjos
Publisher : Cambridge University Press
Page : 641 pages
File Size : 53,7 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107173583
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Author : Paolo Lobba,Triestino Mariniello
Publisher : BRILL
Page : 321 pages
File Size : 44,5 Mb
Release : 2017-08-28
Category : Law
ISBN : 9789004313750
The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.
Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 42,5 Mb
Release : 2022-12-31
Category : Political Science
ISBN : 9781009093170
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Author : Rights,Inter-American Court of Human Rights,Council of Europe
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2015
Category : Human rights
ISBN : 9462402809
In recent years the European and Inter-American human rights courts have intensified their cooperation. This judicial dialogue is important given the similarity of the rights and freedoms protected by the respective treaties governing the work of the two courts, and the existence of equivalent criteria of admissibility and principles of interpretation. Moreover, the increasing similarity of the issues brought before the two courts has conferred a new relevance on their respective bodies of case-law. This book, published in English and Spanish, presents a selection of the leading decisions delivered by each court in 2014. In addition to their importance in their own right, some of these cases also serve to illustrate parallels in the manner in which the two conventions are interpreted, areas where the methodology diverges and, most importantly, how the two courts are increasingly having regard to each other's approach to human-rights protection. [Subject: Human Rights Law, Comparative Law]
Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 42,9 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781316514818
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Author : Madalina Moraru,Galina Cornelisse,Philippe De Bruycker
Publisher : Bloomsbury Publishing
Page : 516 pages
File Size : 54,7 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509922963
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Author : Martin Scheinin,Helle Krunke,Marina Aksenova
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 41,8 Mb
Release : 2016-04-29
Category : LAW
ISBN : 9781785365867
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Author : Giuseppe Martinico,Oreste Pollicino
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 49,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005668
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Author : Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon
Publisher : Cambridge University Press
Page : 487 pages
File Size : 41,5 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781108417587
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author : Maurizio Arcari,Louis Balmond
Publisher : Unknown
Page : 335 pages
File Size : 49,8 Mb
Release : 2014
Category : Law
ISBN : 8863425620
Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 53,8 Mb
Release : 2020
Category : Law
ISBN : 9780198849643
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author : European Court of Human Rights
Publisher : Unknown
Page : 122 pages
File Size : 49,5 Mb
Release : 2009
Category : Electronic
ISBN : 9287199973
Author : Alison L. Young
Publisher : Oxford University Press
Page : 336 pages
File Size : 45,5 Mb
Release : 2017
Category : Law
ISBN : 9780198783749
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
Author : Casarosa, Federica,Moraru, Madalina
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 40,6 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800371224
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author : Oktawian Kuc
Publisher : Routledge
Page : 304 pages
File Size : 47,8 Mb
Release : 2022-04-28
Category : Law
ISBN : 9781000580518
Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.
