Category: Judges and comparison

JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Since the beginning of 2019, a team of researchers based principally at the School of Law, University College Cork in Ireland with partners at the Università degli Studi di Firenze in Italy, the Universitea Titu Maiorescu, and INSOL Europe has been working on a project enquiring into judicial cooperation as it supports economic recovery in … Continue reading JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Engagement Between Legal Orders in the Context of Socio-Economic Rights

Introductory Remarks The protection of socio-economic rights has been lagging behind the protection of civil and political rights at both the national and international levels for many years. This paradox has not been fully resolved yet, despite the relevance of socio-economic rights to the world today. Against this background, my research focuses on socio-economic rights, … Continue reading Engagement Between Legal Orders in the Context of Socio-Economic Rights

THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

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The juge des référés is, in principle, the judge of interim orders. As Art. L511-1 CJA (French administrative justice code) states, he ‘decides by means of measures which have a provisional character’. But this simple description does not give the full picture. There are decisions which are provisional – a stay of execution in a … Continue reading THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar

Why should comparative lawyers be interested in virtue, emotion and imagination? Is not the domain of law one structured by rules, governed by reason, with little, if any, room for anything as subjective and mysterious as emotion and imagination? Despite considerable research – philosophical and historical – in recent decades on emotion and imagination (and … Continue reading Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar

Katalin Kelemen – Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective, Routledge (Hardback 2018, Paperback 2019)

We are all curious about what happens behind the curtains in a courtroom. When more judges sit on a panel, they have to discuss the case in order to reach a decision. They never do it before the eyes of the public and we are only allowed to know the final outcome of this discussion: … Continue reading Katalin Kelemen – Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective, Routledge (Hardback 2018, Paperback 2019)

Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell

The Centre for European Legal Studies (Cambridge) kindly sponsored a Comparative law workshop in honour of John Bell, who is retiring in September 2019. The workshop, which was organised by Dr Turenne, was a small gathering of colleagues and former students from Australia, Chile, France, the Netherlands, the USA in addition to colleagues and former … Continue reading Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell

New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018

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How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in both … Continue reading New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018

NEW PUBLICATION: Hélène Tyrrell, Human Rights in the UK and the Influence of Foreign Jurisprudence (Hart 2018)

Human Rights in the UK and the Influence of Foreign Jurisprudence sits in Hart’s ‘Studies in Comparative Public Law’ series, which includes two closely related works: The Use of Foreign Precedents by Constitutional Judges by Tania Groppi and Marie-Claire Ponthoreau; and Judicial Decision-Making in a Globalised World: A Comparative Analysis of the Changing Practices of … Continue reading NEW PUBLICATION: Hélène Tyrrell, Human Rights in the UK and the Influence of Foreign Jurisprudence (Hart 2018)

Transnational judicial conversations

  Annual Seminar of the British Association of Comparative Law Nottingham University 9 September 2014 (9.30-12.30) Session 1: Judicial conversations in the field of criminal justice Professor Paul Roberts (Nottingham), “Cosmopolitan Criminal Jurisprudence: Beyond Comparison?” Professor Dirk van Zyl Smit (Nottingham), “Transnational judicial conversations about punishment.”   COFFEE BREAK (kindly sponsored by Intersentia)   Session … Continue reading Transnational judicial conversations