By Laura Pineschi
This e-book examines the function performed through household and overseas judges within the “flexibilization” of felony platforms via normal ideas. It positive factors revised papers that have been awarded on the Annual convention of the European-American Consortium for felony schooling, held on the collage of Parma, Italy, may well 2014.
This quantity is geared up in 4 sections, the place the subject is principally explored from a comparative standpoint, and contains case reviews. the 1st part covers theoretical concerns. It bargains an research of ideas in shaping Dworkin’s theories approximately foreign legislation, a mirrored image at the position of procedural ideas in defining the position of the judiciary, a view at the function of basic ideas in transnational judicial verbal exchange, a learn at the attractiveness of overseas legislation from formal standards to substantial ideas, and an inquiry from the point of view of neo-constitutionalism.
The moment part includes experiences at the position of basic rules in chosen criminal platforms, together with overseas legislation, eu Union legislation in addition to universal legislations structures. The 3rd part gains an research of pick out felony ideas in a comparative standpoint, with a specific concentrate on the comparability among eu and American reviews.
The fourth and final part explores chosen ideas in given components of legislations, together with the misuse of the lex specialis precept within the dating among overseas human rights legislations and overseas humanitarian legislations, the position of the judiciary in Poland as regards discrimination for sexual orientation, and the influence of the ECtHR case legislation on Italian legal legislations in regards to the primary of legality.
Overall, the booklet deals readers a considerate mirrored image on how the translation, program, and improvement of normal rules of legislations through the judiciary give a contribution to the evolution of criminal platforms at either the family and overseas degrees besides as
extra their reciprocal interactions.
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General Principles of Law - The Role of the Judiciary (Ius Gentium: Comparative Perspectives on Law and Justice) by Laura Pineschi