Judicial Dialogue and Human Rights (Studies on International Courts and Tribunals)

Cambridge University Press, 5/25/2017
EAN 9781107173583, ISBN10: 1107173582

Hardcover, 620 pages, 22.9 x 15.2 x 3.5 cm
Language: English

This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

1. Introduction. Judicial dialogue and human rights Amrei Müller and Hege Elisabeth Kjos
2. Judicial dialogue on international human rights law in Poland and Eastern Europe Izabela Skomerska Muchowska
3. Horizontal judicial dialogue on human rights
the practice of constitutional courts in South America Michael Freitas Mohallem
4. The Supreme Court of Canada's Transnational Judicial Communication on Human Rights (1982–2014)
an empirical assessment Gianluca Gentili and Elaine Mak
5. Ideological barriers to judicial dialogue
a study of the laws establishing Sharī'ah courts in Malaysia and Nigeria Azizat O. Amoloye-Adebayo
6. Complementary protection and domestic courts
the extent, method, purpose and effects of judicial dialogue Naomi Hart
7. The construction of same-sex families in Western Europe through legislative and judicial dialogues
the role of national legislatures and supranational courts Daniele Gallo and Matteo M. Winkler
Part I. Reports on Practice
Domestic Judges
8. Engaging in judicial dialogue
some reflections from the United Kingdom Supreme Court The Right Hon. Lord Carnwath of Notting Hill
9. Engaging in judicial dialogue
the practice of the German Federal Constitutional Court Andreas Paulus
10. Judicial dialogue
the experience of Italy Raffaele Sabato
11. The ECtHR's engagement with German and Russian courts' decisions
encouraging effective cooperation to secure ECHR rights Amrei Müller
12. Encouraging judicial dialogue
the contribution of human rights NGOs' briefs to the European Court of Human Rights Laura Van Den Eynde
Part II. Reports on Practice
ECtHR Judges
13. Dialogues between the Strasbourg Court and national courts
a note Luis López Guerra
14. The ECtHR's use of decisions of domestic courts from states not involved in the case and of other Council of Europe bodies Erik Møse
15. The ECtHR' use of decisions of international courts and quasi-judicial bodies Angelika Nußberger
16. From judicial dialogue to cosmopolitan norms
enhancing democracy in globalised states Clara Marsan-Raventós
17. Dialogue or interaction? A non-cosmopolitan reading of transjudicial communication Luca Pasquet
18 Conclusion Amrei Müller.