Shaping Rule of Law Through Dialogue; International and Supranational Experiences

SHAPING RULE OF LAW THROUGH DIALOGUE; INTERNATIONAL AND SUPRANATIONAL EXPERIENCES, Filippo Fontanelli, Giuseppe Martinico & Paolo Carrozza, eds., Europa Law Publishing, November 2009

1 Pages Posted: 11 Dec 2009

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Giuseppe Martinico

Scuola Superiore Sant'Anna di Pisa

Paolo Carrozza

Scuola Superiore Sant'Anna di Pisa - School of Law

Date Written: December 8, 2009

Abstract

The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges. Against this background, the judges play a crucial role in creating connections between legal regimes and proceedings. The metaphor of dialogue has been vastly used by the literature and this concept was variously understood in different meanings: vehicle for transplants, informal way of communication between judicial and political bodies, new paradigm of judicial relations between actors not belonging to the same legal order. Starting from this assumption we attempted to put together scholars belonging to different fields of research (Constitutional Law, EU Law, WTO Law, Public International Law, Jurisprudence) in order to carry out a comprehensive appraisal of this phenomenon, and to provide a wide picture of the latest development of the role of the judges in the international legal order.

Keywords: judicial dialogue, European Court of Justice, International Tribunals, judicial comity, multilevel constitutionalism

Suggested Citation

Fontanelli, Filippo and Martinico, Giuseppe and Carrozza, Paolo, Shaping Rule of Law Through Dialogue; International and Supranational Experiences (December 8, 2009). SHAPING RULE OF LAW THROUGH DIALOGUE; INTERNATIONAL AND SUPRANATIONAL EXPERIENCES, Filippo Fontanelli, Giuseppe Martinico & Paolo Carrozza, eds., Europa Law Publishing, November 2009, Available at SSRN: https://ssrn.com/abstract=1520504

Filippo Fontanelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Giuseppe Martinico (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy
(+39)3494441388 (Phone)

HOME PAGE: http://www.stals.sssup.it/site/?q=node/15

Paolo Carrozza

Scuola Superiore Sant'Anna di Pisa - School of Law ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa
Italy

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