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Book
Shaping Rule of Law Through Dialogue; International and Supranational Experiences
(2009)
  • Giuseppe Martinico, Centro de Estudios Politicos y Constitucionales
  • Filippo Fontanelli, Sant'Anna School of Advanced Studies
  • Paolo Carrozza, Sant'Anna School of Advanced Studies
Abstract
The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges. Against this background, the judges play a crucial role in creating connections between legal regimes and proceedings. The metaphor of dialogue has been vastly used by the literature and this concept was variously understood in different meanings: vehicle for transplants, informal way of communication between judicial and political bodies, new paradigm of judicial relations between actors not belonging to the same legal order. Starting from this assumption we attempted to put together scholars belonging to different fields of research (Constitutional Law, EU Law, WTO Law, Public International Law, Jurisprudence) in order to carry out a comprehensive appraisal of this phenomenon, and to provide a wide picture of the latest development of the role of the judges in the international legal order.
Keywords
  • judicial dialogue,
  • European Court of Justice,
  • International Tribunals,
  • judicial comity
Disciplines
Publication Date
November, 2009
Editor
Filippo Fontanelli-Giuseppe Martinico and Paolo Carrozza
Publisher
Europa Law Publishing
ISBN
978-90-8952-057-9
Citation Information
Giuseppe Martinico, Filippo Fontanelli and Paolo Carrozza. Shaping Rule of Law Through Dialogue; International and Supranational Experiences. Groningen (the Netherlands)(2009)
Available at: http://works.bepress.com/giuseppe_martinico/13/