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| Author | : Amrei Müller |
| Publisher | : Cambridge University Press |
| Total Pages | : 641 |
| Release | : 2017-05-25 |
| Genre | : Law |
| ISBN | : 1107173582 |
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
| Author | : Paolo Lobba |
| Publisher | : International Studies in Human |
| Total Pages | : 299 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 9789004313743 |
Judicial Dialogue on Human Rights' offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to test the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims? rights. Another section of the book seeks to devise a methodologically sound ?grammar? of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
| Author | : Madalina Moraru |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 516 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1509922962 |
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 | : René Provost |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 293 |
| Release | : 2012-08-10 |
| Genre | : Law |
| ISBN | : 9400747101 |
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
| Author | : Martin Scheinin |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 397 |
| Release | : 2016-04-29 |
| Genre | : Law |
| ISBN | : 178536586X |
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 | : Angelika Nussberger |
| Publisher | : Elements of International Law |
| Total Pages | : 257 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198849648 |
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 | : Geoffrey Sigalet |
| Publisher | : Cambridge University Press |
| Total Pages | : 487 |
| Release | : 2019-05-02 |
| Genre | : Law |
| ISBN | : 1108417582 |
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
| Author | : Martin Belov |
| Publisher | : Routledge |
| Total Pages | : 201 |
| Release | : 2019-10-16 |
| Genre | : Law |
| ISBN | : 1000707970 |
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
| Author | : Giuseppe Martinico |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 273 |
| Release | : 2012-01-01 |
| Genre | : Law |
| ISBN | : 1781005664 |
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 | : Po Jen Yap |
| Publisher | : OUP Oxford |
| Total Pages | : 273 |
| Release | : 2015-07-16 |
| Genre | : Law |
| ISBN | : 019105593X |
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.
