Editors:
- Covers a key topic for understanding the role of the judiciary in a globalized legal context
- Deals with an aspect often neglected by legal writers: the role played by domestic and international judges in the “flexibilization” of legal systems through general principles
- Includes reflections on fundamental principles as legal constraints to unfettered judicial discretion?
- Features a comparative perspective and includes case studies
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 46)
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Table of contents (15 chapters)
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Front Matter
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General Principles and the Judiciary: Legal Theory and Courts’ Interactions
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Front Matter
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General Principles and the Judiciary: Legal Systems and Domestic Frameworks
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Front Matter
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General Principles and the Judiciary in a Comparative Perspective
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Front Matter
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The Role of the Judge and General Principles in Selected Issues and Case Studies
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Front Matter
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About this book
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.
This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism.
The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences.
The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality.
Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as
further their reciprocal interactions.Keywords
- Antidiscrimination Law
- Common Law System in Historical Perspective
- Disagreements in International Law
- Dworkin’s Legal Theory
- ECHR Case Law
- European Union Law
- General Principles of Law
- Human Rights Law and International Humanitarian Law
- Law in Neoconstitutional Theories
- Legal Systems and Domestic Frameworks
- Legal Theory and Courts’ Interactions
- Lex Specialis Principle
- National and international tribunals
- Praetorian Extension of Judicial Review
- Prison Overcrowding
- Role of the Judiciary
- Same-Sex Couples before US and European Judges
- Solidarity Principle in the European Union
- Transnational Judicial Communication
Editors and Affiliations
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Department of Law, University of Parma, Parma, Italy
Laura Pineschi
Bibliographic Information
Book Title: General Principles of Law - The Role of the Judiciary
Editors: Laura Pineschi
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-19180-5
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-19179-9Published: 01 July 2015
Softcover ISBN: 978-3-319-38555-6Published: 17 October 2016
eBook ISBN: 978-3-319-19180-5Published: 22 June 2015
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XVIII, 325
Topics: Private International Law, International & Foreign Law, Comparative Law, Philosophy of Law, Theories of Law, Philosophy of Law, Legal History, Human Rights