Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context
High courts have been front-running actors in breaking domestic boundaries and enacting cross-border dialogue. This seems to be due to several factors: the increasingly transnational nature of the law, the development of influential arenas and networks where judges - particularly those sitting in hi...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2012-05-01
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| Series: | Utrecht Law Review |
| Subjects: | |
| Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.200/ |
| _version_ | 1818280611898458112 |
|---|---|
| author | Daniela Piana Carlo Guarnieri |
| author_facet | Daniela Piana Carlo Guarnieri |
| author_sort | Daniela Piana |
| collection | DOAJ |
| description | High courts have been front-running actors in breaking domestic boundaries and enacting cross-border dialogue. This seems to be due to several factors: the increasingly transnational nature of the law, the development of influential arenas and networks where judges - particularly those sitting in high courts - meet and exchange ideas and the fact that similar cases are submitted to different courts. This phenomenon, despite being hotly debated, is still in need of a comprehensive explanation. Why do judges follow behavioural patterns that increasingly seem to rely on the decisions and the arguments adopted by their colleagues working in foreign courts? This paper does not offer an ultimate answer to this complex question, but tries to highlight the institutional and professional conditions one can expect to play a significant role in encouraging the dialogue among European high courts. |
| first_indexed | 2024-12-12T23:51:59Z |
| format | Article |
| id | doaj.art-ef1cccc3dde44f2a8abf5f33816f5c85 |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-12-12T23:51:59Z |
| publishDate | 2012-05-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-ef1cccc3dde44f2a8abf5f33816f5c852022-12-22T00:06:40ZengUtrecht University School of LawUtrecht Law Review1871-515X2012-05-018213915710.18352/ulr.200194Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right ContextDaniela Piana0Carlo Guarnieri1University of BolognaUniversity of BolognaHigh courts have been front-running actors in breaking domestic boundaries and enacting cross-border dialogue. This seems to be due to several factors: the increasingly transnational nature of the law, the development of influential arenas and networks where judges - particularly those sitting in high courts - meet and exchange ideas and the fact that similar cases are submitted to different courts. This phenomenon, despite being hotly debated, is still in need of a comprehensive explanation. Why do judges follow behavioural patterns that increasingly seem to rely on the decisions and the arguments adopted by their colleagues working in foreign courts? This paper does not offer an ultimate answer to this complex question, but tries to highlight the institutional and professional conditions one can expect to play a significant role in encouraging the dialogue among European high courts.http://www.utrechtlawreview.org/articles/10.18352/ulr.200/neo-constitutionalismjudicial politicsdialoguehigh courtstransnational lawjudicial appointment |
| spellingShingle | Daniela Piana Carlo Guarnieri Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context Utrecht Law Review neo-constitutionalism judicial politics dialogue high courts transnational law judicial appointment |
| title | Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context |
| title_full | Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context |
| title_fullStr | Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context |
| title_full_unstemmed | Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context |
| title_short | Bringing the Outside inside: Macro and Micro Factors to Put the Dialogue among Highest Courts into its Right Context |
| title_sort | bringing the outside inside macro and micro factors to put the dialogue among highest courts into its right context |
| topic | neo-constitutionalism judicial politics dialogue high courts transnational law judicial appointment |
| url | http://www.utrechtlawreview.org/articles/10.18352/ulr.200/ |
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