Why is the Iura Novit Curia Principle not Applied Yet in English Law?
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Cesare Cavallini
Abstract
This article adopts a comparative approach to map a global context for the fundamentals of civil justice. In view of the acknowledged incomplete role of the EU regulatory framework in this respect, the article aims to discuss whether it would be useful and how it would be possible to find a shared space for civil justice, starting from the role of the judge to «find the law» as well as the notorious and universally recognised principle of «iura novit curia». Following this, the article recognises the commonalities in the role of the judge between civil and common law through the value of the constitutional principles. The aim is to understand the natural enforcement of iura novit curia also in English Law, notwithstanding the fact that this principle has been traditionally cast within the «public» civil procedural rules (rather than, by way of example, the «private» arbitration act). Secondly, this article presents itself as a possible starting point for a methodological approach to the notion of a common ground for civil justice, in contrast with the recent view of setting it within the limits of the incomplete European Civil procedure.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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- Why is the Iura Novit Curia Principle not Applied Yet in English Law?
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Articles in the same Issue
- The Algerian Constitutional Reform of 2016: A Critical Analysis
- Consumer Over-Indebtedness, Credit Contracts and Responsible Lending
- Protecting Foreign Investments in Public Services: Regulatory Stability at Any Cost?
- Why is the Iura Novit Curia Principle not Applied Yet in English Law?
- The Law Governing Cultural Heritage in Italy: Universal Values Versus National Cultural Identity
- The Role of the African Commission on Human and Peoples’ Rights in Developing Norms and Standards on HIV/AIDS and Human Rights
