General Principles of Law - The Role of the Judiciary

Abstract

Foreword Mortimer N.S. Sellers.- Introduction Laura Pineschi.- Part I General and the Judiciary: Legal Theory and Courts' Interactions.- and Disagreements in International Law (with a View from Dworkin's Legal Theory) Gianluigi Palombella.- Legal Formalism, Procedural Principles, and Judicial Constraint in American Adjudication Christopher J. Peters.- General of Law and Transnational Judicial Communication Elaine Mak.- Recognition of International Law: From Formal Criteria to Substantive Leonardo Marchettoni.- The of Principles in Neo-Constitutional Theories and the Principle of Reasonableness in Action Francesco De Vanna.- Part II General and the Judiciary: Legal Systems and Domestic Frameworks Judicial Control of Juries and Just Results in the Common Law System: A Historical Perspective Frederic N. Smalkin.- General of International Law: Struggling with a Slippery Concept Elena Carpanelli.- Please Handle with Care! - Some Considerations on the Approach of the European Court of Justice to the Direct Effect of General of European Union Law Nicole Lazzerini.- Part III General and the Judiciary in a Comparative Perspective.- Principio di determinatezza and the Void-for-Vagueness Doctrine in Constitutional Litigation: The Italian Corte costituzionale and the United States Supreme Court Michele Boggiani.- Antidiscrimination Law and Limits of the Power of Dismissal: A Comparative Analysis of the Legislation and Case Law in United States and Italy Fabio Pantano.- Principle of Non-Discrimination on the Ground of Sexual Orientation and Same-sex Marriage. A Comparison between United States and European Case Law Veronica Valenti.- Healthcare Right and Principle of Minimum Standards: The Interpretation of the Judiciary in a Comparative Perspective Monica Cappelletti.- Part IV The Role of the Judge and General in Selected Issues and Case Studies.- The (Mis-)Use of General of Law: Lex specialis and the Relationship between International Human Rights Law and the Laws of Armed Conflict Silvia Borelli.- Discrimination for Sexual Orientation in Poland: The Role of the Judiciary Katarzyna Girdwoyn.- Principle of Legality and Role of the Judiciary in Criminal Law: The Influence of the ECtHR Case Law on the Italian Legal System Francesco Mazzacuva.