Category: Judges and comparison

Environmental norm diffusion and domestic legal innovation: The case of specialized environmental courts and tribunals (RECIEL 2022), by J. Michael Angstadt

Environmental court diffusion: mechanisms and meaning Why are specialist environmental courts proliferating around the world? In recent years, researchers have observed a steady increase in these institutions (sometimes also referred to as “environmental courts and tribunals,” “green courts,” “green tribunals,” or “green benches”). However, an important opportunity remained to consider what actors and mechanisms are … Continue reading Environmental norm diffusion and domestic legal innovation: The case of specialized environmental courts and tribunals (RECIEL 2022), by J. Michael Angstadt

Judicial Law-Making in European Constitutional Courts (Routledge 2020), edited by Monika Florczak-Wątor

Research aims and hypothesis Constitutional courts determine the shape of the legal order, not only by derogating unconstitutional norms but also by modifying and supplementing those norms that remain as part of the legal order after being declared constitutional or partially unconstitutional. The latter applies to cases where the provisions are not contested in their … Continue reading Judicial Law-Making in European Constitutional Courts (Routledge 2020), edited by Monika Florczak-Wątor

Disciplining Judges: Contemporary Challenges and Controversies (Cheltenham, UK: Edward Elgar, 2021), by Richard Devlin & Sheila Wildeman (eds)

Governance of the judiciary has long been marked by a level of public impenetrability that is reinforced by judicial independence. However, the institution is also premised on a political criterion: upholding public confidence. Given this, what happens when judges are alleged to have failed to meet their duties? Judicial complaints and discipline processes may be … Continue reading Disciplining Judges: Contemporary Challenges and Controversies (Cheltenham, UK: Edward Elgar, 2021), by Richard Devlin & Sheila Wildeman (eds)

New Project on cross-citations between Supreme Courts in Europe, by Mathias Siems

Recent years have seen a growing volume of research on citations between courts from different countries (in the following: cross-citations) and other forms of judicial dialogue. For example, books by Elaine Mak and Michal Bobek present key insight using qualitative research methods. As far as quantitative research is concerned, the author of this blog post … Continue reading New Project on cross-citations between Supreme Courts in Europe, by Mathias Siems

Guillaume Tusseau, Contentieux constitutionnel comparé. Une introduction critique au droit processuel constitutionnel, Paris La Défense, Lextenso, 2021, 1452 p.

In the last few months, several constitutional judges have made the headlines. Among others, the German Federal Constitutional Court has opposed the European Central Bank’s Public Sector Purchase Programme, leading the European Commission to issue a formal notice to Germany for breaching fundamental EU law principles. The Brazilian Supreme Federal Tribunal has annulled former President … Continue reading Guillaume Tusseau, Contentieux constitutionnel comparé. Une introduction critique au droit processuel constitutionnel, Paris La Défense, Lextenso, 2021, 1452 p.

Climate Change Litigation: Global Perspectives, by Ivano ALOGNA

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The title refers both to our presentation during the last BACL Annual Seminar and our newly published edited volume (I. Alogna, C. Bakker and J.-P. Gauci (eds), Climate Change Litigation: Global Perspectives, Brill, 2021). This research builds on an event (see its report) held at the British Institute of International and Comparative Law (BIICL) in … Continue reading Climate Change Litigation: Global Perspectives, by Ivano ALOGNA

Social Media, Fundamental Rights and Courts in Europe, by Evangelia Psychogiopoulou and Federica Casarosa

Social media has become the means of communication of our time: it is the means through which online users interact, express their opinions, get information and even find jobs. Social media has been mostly praised for its role in enhancing free speech and the freedom to exchange views and ideas by providing for a forum … Continue reading Social Media, Fundamental Rights and Courts in Europe, by Evangelia Psychogiopoulou and Federica Casarosa

Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

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REALaw (Review of European Administrative Law) warmly invites you to an online discussion on the edited collection Cases, materials and texts on judicial review of administrative action (Hart 2019) on 13rd July 2021, 2pm (Rome/Amsterdam time).   This casebook asked the question whether a ius commune of administrative law of judicial review was developing in Europe on the basis of … Continue reading Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

Civil Courts Coping with Covid-19, by Bart Krans and Anna Nylund

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Impact of the Covid-19 pandemic in civil courts - experiences in 23 countries Reports from 23 countries across the globe The unforeseen Covid-19 pandemic has propelled unprecedented transformations in civil proceedings. Numerous countries across the globe have faced and continue to face the question of how to enable courts to handle civil cases despite restrictions … Continue reading Civil Courts Coping with Covid-19, by Bart Krans and Anna Nylund

Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press 2021), edited by Rehan Abeyratne and Iddo Porat

Introduction This volume introduces and critically examines a new topic in comparative constitutional law: Towering Judges. The volume discusses nineteen judges of apex and constitutional courts from fourteen jurisdictions. Within their particular settings, each of these judges made a significant impact on the trajectory and development of constitutional law. These judges towered over their peers … Continue reading Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press 2021), edited by Rehan Abeyratne and Iddo Porat