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The Judicial Dialogue in Europe
Adding Clarity to a Persistently Cloudy Concept
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Maria Daniela Poli
Published/Copyright:
October 19, 2017
Abstract
The increasing interdependence among different legal orders makes the role of jurisprudence ever more vital in the European constitutional space. As a consequence, the judicial dialogue is at the centre of academic debates. However, it is still an unclear concept, enveloped by a cloud of scepticism. Starting from the main criticism based on the number of judicial conflicts, the article aims to add clarity to the concept by analysing the nature and the dimension of the phenomenon, with particular attention paid to the importance of the homogeneity created by judges.
Keywords: judicial dialogue; Europe; cooperation and competition; last word; constitutional pluralism; homogeneity
Published Online: 2017-10-19
Published in Print: 2017-10-26
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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Keywords for this article
judicial dialogue;
Europe;
cooperation and competition;
last word;
constitutional pluralism;
homogeneity
Articles in the same Issue
- Frontmatter
- Articles
- The Politics of Global Constitutionalism
- The Judicial Dialogue in Europe
- Regional Economic Integration and the Reality of Strong National Constitutional Powers in South America. A Comparative Analysis
- Notes and Essays
- International Constitutional Law – Inclusive, but Still Selective?
- Special Topic: The Romanian Constitution at 25 – A Critical Examination of Romanian Constitutionalism
- The Multinational State That Wasn’t: The Constitutional Definition of Romania as a National State
- The Romanian Constitution and Civic Engagement
- Constitutional Developments
- Austrian Constitutional Court: Constitutionality of the Obligation to Bear Costs in Criminal Proceedings
- Austrian Constitutional Court: Considering Climate Change as a Public Interest is Arbitrary – Refusal of Third Runway Permit Annulled
