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General principles of law, the role of the judiciary

By: Contributor(s):
Publication details: London Springer 2015Description: 325p xviiISBN:
  • 9783319191799
Subject(s): DDC classification:
  • 347.012000 PIN
Contents:
Table of contents; Foreword; Mortimer N.S. Sellers. Introduction; Laura Pineschi. Part I General Principles and the Judiciary: Legal Theory and Courts' Interactions. Principles and Disagreements in International Law (with a View from Dworkin's Legal Theory); Gianluigi Palombella.- Legal Formalism, Procedural Principles, and Judicial Constraint in American Adjudication; Christopher J. Peters. General Principles of Law and Transnational Judicial Communication; Elaine Mak.- Recognition of International Law: From Formal Criteria to Substantive Principles; Leonardo Marchettoni. The "Doctrine of Principles" in Neo-Constitutional Theories and the Principle of Reasonableness in Action; Francesco De Vanna. Part II General Principles and the Judiciary: Legal Systems and Domestic Frameworks; Judicial Control of Juries and Just Results in the Common Law System: A Historical Perspective; Frederic N. Smalkin.- General Principles of International Law: Struggling with a Slippery Concept; Elena Carpanelli. "Please Handle with Care!" – Some Considerations on the Approach of the European Court of Justice to the Direct Effect of General Principles of European Union Law; Nicole Lazzerini. Part III General Principles and the Judiciary in a Comparative Perspective. Principio di determinatezza and the Void-for-Vagueness Doctrine in Constitutional Litigation: The Italian Corte costituzionale and the United States Supreme Court; Michele Boggiani. Antidiscrimination Law and Limits of the Power of Dismissal: A Comparative Analysis of the Legislation and Case Law in United States and Italy; Fabio Pantano. Principle of Non-Discrimination on the Ground of Sexual Orientation and Same-sex Marriage. A Comparison between United States and European Case Law; Veronica Valenti. Healthcare Right and Principle of "Minimum Standards": The Interpretation of the Judiciary in a Comparative Perspective; Monica Cappelletti. Part IV The Role of the Judge and General Principles in Selected Issues and Case Studies.- The (Mis-)Use of General Principles of Law: Lex specialis and the Relationship between International Human Rights Law and the Laws of Armed Conflict; Silvia Borelli. Discrimination for Sexual Orientation in Poland: The Role of the Judiciary; Katarzyna Girdwoyn. Principle of Legality and Role of the Judiciary in Criminal Law: The Influence of the ECtHR Case Law on the Italian Legal System; Francesco Mazzacuva.
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BOOKs BOOKs National Law School 347.012 PIN (Browse shelf(Opens below)) Available 34321

Table of contents;
Foreword; Mortimer N.S. Sellers.
Introduction; Laura Pineschi.
Part I General Principles and the Judiciary: Legal Theory and Courts' Interactions.
Principles and Disagreements in International Law (with a View from Dworkin's Legal Theory);
Gianluigi Palombella.- Legal Formalism, Procedural Principles, and Judicial Constraint in American Adjudication;
Christopher J. Peters. General Principles of Law and Transnational Judicial Communication;
Elaine Mak.- Recognition of International Law: From Formal Criteria to Substantive Principles;
Leonardo Marchettoni. The "Doctrine of Principles" in Neo-Constitutional Theories and the Principle of Reasonableness in Action;
Francesco De Vanna.
Part II General Principles and the Judiciary: Legal Systems and Domestic Frameworks;
Judicial Control of Juries and Just Results in the Common Law System: A Historical Perspective;
Frederic N. Smalkin.- General Principles of International Law: Struggling with a Slippery Concept; Elena Carpanelli.
"Please Handle with Care!" –
Some Considerations on the Approach of the European Court of Justice to the Direct Effect of General Principles of European Union Law; Nicole Lazzerini.
Part III General Principles and the Judiciary in a Comparative Perspective.
Principio di determinatezza and the Void-for-Vagueness Doctrine in Constitutional Litigation:
The Italian Corte costituzionale and the United States Supreme Court; Michele Boggiani.
Antidiscrimination Law and Limits of the Power of Dismissal:
A Comparative Analysis of the Legislation and Case Law in United States and Italy; Fabio Pantano.
Principle of Non-Discrimination on the Ground of Sexual Orientation and Same-sex Marriage.
A Comparison between United States and European Case Law; Veronica Valenti.
Healthcare Right and Principle of "Minimum Standards": The Interpretation of the Judiciary in a Comparative Perspective; Monica Cappelletti. Part IV The Role
of the Judge and General Principles in Selected Issues and Case Studies.-
The (Mis-)Use of General Principles of Law: Lex specialis and the Relationship between International Human Rights Law and the Laws of Armed Conflict; Silvia Borelli.
Discrimination for Sexual Orientation in Poland: The Role of the Judiciary; Katarzyna Girdwoyn.
Principle of Legality and Role of the Judiciary in Criminal Law: The Influence of the ECtHR Case Law on the Italian Legal System;
Francesco Mazzacuva.

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