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The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

C. R. G. Murray

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0003
Subject:
Law, Human Rights and Immigration

Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the ... More


The Privileges and Immunities of International Organizations in Domestic Courts

August Reinisch (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.001.0001
Subject:
Law, Public International Law, Comparative Law

International organizations have increasingly been involved in litigation before domestic courts. In this context, a host of legal issues has become relevant, including the domestic legal personality ... More


Italy

Riccardo Pavoni

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0010
Subject:
Law, Public International Law, Comparative Law

This chapter begins with a brief overview of Italian case-law on international organizations with a view to outlining its current state. It illustrates some exceptional cases of explicit judicial ... More


Judicial Dialogue in the European Union *

Anthony Arnull

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0005
Subject:
Law, EU Law, Philosophy of Law

This chapter examines the character of the EU legal order, and its relations with national legal orders, through the prism of the preliminary ruling procedure (Art 267 TFEU). Proceeding from a rich ... More


United States

Charles H Brower

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0017
Subject:
Law, Public International Law, Comparative Law

This chapter first describes the legal framework regulating the immunities of international organizations in US courts. Turning to case-law, it then examines jurisprudence relating to the United ... More


Judicial Dialogue as a Means of Interpretation

Antonios Tzanakopoulos

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0005
Subject:
Law, Public International Law

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualized as a new means of interpretation—beyond the Vienna Convention on the Law of ... More


The Netherlands

Rosanne van Alebeek and André Nollkaemper

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0012
Subject:
Law, Public International Law, Comparative Law

This chapter reviews Dutch case-law on the privileges and immunities of international organizations and their officials. The goal is to identify whether and to what extent the courts in this case-law ... More


The Russian Federation

Sergei Yu Marochkin

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0014
Subject:
Law, Public International Law, Comparative Law

This chapter considers Russian case-law on the privileges and immunities of international organizations. It discusses the legal basis for the consideration of cases involving international ... More


Harmonic Law: The Case Against Pluralism *

George Letsas

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0004
Subject:
Law, EU Law, Philosophy of Law

This chapter contends that the problem of normative conflicts is not a genuine one and that this teaches us a great deal about European law, and fundamental rights in Europe. In particular, it ... More


Austria

Gregor Novak and August Reinisch

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter describes the relevant aspects of the Austrian judicial system. It then discusses cases that illustrate the types of legal problems related to the domestic legal personality and the ... More


Canada

Phillip M Saunders

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter examines the influence of transnational dialogue on the development of the Canadian law to date, and in particular the prospects and possible pitfalls with regard to its further ... More


Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Alec Stone Sweet and Jud Mathews

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.001.0001
Subject:
Political Science, Political Theory

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern ... More


The Right to Due Process for Suspected Terrorists

Federico Fabbrini

in Fundamental Rights in Europe

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198702047
eISBN:
9780191771712
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198702047.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter examines as a case study the protection of due process rights for suspected terrorists in Europe. It maps the variations in the stance adopted in emergency counter-terrorism measures by ... More


Dialogue between Courts

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter evaluates dialogue between the UK courts and the European Court of Human Rights and the European Court of Justice. It explains how the different constitutional relationship between these ... More


Belgium

Cedric Ryngaert

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0004
Subject:
Law, Public International Law, Comparative Law

This chapter first considers Belgian courts' apparent lack of interest in foreign tribunals' case-law. It explains how Belgian courts only recognize an international organization's immunity insofar ... More


The Great Promise of Comparative Public Law for Latin America: Toward Ius Commune Americanum?

Alejandro Rodiles

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0023
Subject:
Law, Public International Law, Comparative Law

This chapter analyzes “ius constitutionale commune in Latin America” (ICCLA) in light of comparative international law. For the proponents of ICCLA, this represents a common public law of the region ... More


Conclusions

Michal Bobek

in Comparative Reasoning in European Supreme Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.003.0016
Subject:
Law, Constitutional and Administrative Law, Comparative Law

In spite of being constantly pushed by the legislator and also by the international liberal scholarship towards embracing the ‘global’ or ‘transnational’, most national judges display rather ... More


The Taricco Affair: A Dialogue Between the Deaf and the Dumb. A Proposal to Strengthen Cooperation Between the ECJ and National Courts

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2018

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.003.0001
Subject:
Law, Public International Law

The author addresses “the dialogue between the deaf and the dumb” that occurred between the European Court of Justice (ECJ) and the Italian Constitutional Court (ItCC) regarding the Taricco affair. ... More


The Independence and Interdependence of Judges

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 5 analyses the independence and impartiality of Europe’s judge; but it does so under the heading ‘independence within interdependence’. By doing so, it brings out the various ways in which ... More


An English Judge in Europe

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0021
Subject:
Law, Human Rights and Immigration, EU Law

Judges nowadays must deal with case law from the two European supranational courts in Strasbourg and Luxembourg as well as domestic law. The growth of EU law and Strasbourg case law has been ... More


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