Third, the generally issue - oriented, deliberative character
of judicial dialogue holds a significant potential to overcome or to at least curb conflicting judicial interests.
It could even be described as an example
of judicial dialogue — literally — with this public.
Not exact matches
In this new body
of work consisting
of sculptures, works on paper, and video, Ward articulates a
dialogue surrounding the idea
of support — physical, spiritual, social, and
judicial — while introducing contemplation
of everyday objects.
The third one, though, written by Justice Andrés Ollero, complained that the
judicial dialogue between the SCC and the CJEU had «unnecessarily [been given] a sense
of a monologue where assent is compulsory.»
Justice Ollero sees this as an unreasoned and significant change in the Court's doctrine, and asserts that he does not «believe the best way to initiate a seemingly laborious «
judicial dialogue» between the Spanish Constitutional Court and the Court
of Justice
of the European Union, is to unnecessarily give it a sense
of a monologue where assent is compulsory.»
The author asserts that the allocation
of judicial powers vis - à - vis the Member State courts is shaped by mutual respect and
dialogue (pp. 40 - 47).
As a result, one can observe a constructive
judicial dialogue, which has resulted in a substantial alignment (despite some diverging nuances)
of the case law
of both European courts.
In the case
of the
dialogue theory, rather than offering the legislative branch a truly equal voice by way
of its legislative responses, the theory proved to be more useful as a means by which the scope
of Canadian
judicial review could be legitimated.
Article 267 TFEU is a formal, institutionalised
judicial dialogue procedure that ensures the uniform interpretation and enforcement
of EU law via national courts in all 28 Member States.
Article 19 TEU guarantees autonomy by providing exclusive jurisdiction to the CJEU to offer authoritative interpretations
of EU law and enabling a
judicial dialogue with national courts via Article 267 TFEU.
Judicial dialogue with the ECtHR has occurred previously in a series
of cases concerning the compatibility
of residential possession proceedings with Art 8, ECHR.
Judicial dialogue demonstrates that the courts still express considerable deference to the executive and the legislature in how policy decisions are made, and this deference is a central component to respect of the judicial function in a de
Judicial dialogue demonstrates that the courts still express considerable deference to the executive and the legislature in how policy decisions are made, and this deference is a central component to respect
of the
judicial function in a de
judicial function in a democracy.
As others have argued in the context
of constitutional systems with strong - form
judicial review, there is no need to attribute the positive connotations
of the
dialogue metaphor to a set
of institutional interactions that is, in truth, very far from being a conversation, because the participants may neither understand nor be interested in understanding each other.
For example, national constitutional courts use the grand EU - decisions concerning the ratification
of a European treaty as a forum for inter-order
judicial dialogue when they send certain messages to the ECJ.