Open Advanced Search

Log in
Enterprise Plans
Sign Up

Log in
Sign Up
Enterprise Plans
Browse
Features
Pricing

DeepDyve

Advanced Search

show/hide query preview

With all of the words or DOIs:

DeepDyve's default query mode: search by keyword or DOI.

With the exact phrase:

Require these words, in this exact order. Do not surround your terms in double-quotes ("") in this field.

With at least one of the words:

Find any of these words, separated by spaces

Without the words:

Exclude each of these words, separated by spaces

With words in the article title:

Search for these terms only in the title of an article

Published between the years:

With the following authors:

Most effective as: LastName, First Name or Lastname, FN

With words in the journal name:

Search for articles published in journals where these words are in the journal name

Reset filters

Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

DeepDyve requires Javascript to function. Please enable Javascript on your browser to continue.

General Principles of Law - The Role of the Judiciary

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 46)

Editors: Pineschi, Laura

DOI: 10.1007/978-3-319-19180-5

ISBN: 978-3-319-19179-9

Publisher: Springer International Publishing - Springer Journals

Jun 23, 2015

1 - 10 of 15 Chapters

LitStream

Principles and Disagreements in International Law (with a View from Dworkin’s Legal Theory)

Palombella, Gianluigi

Pages: 3 –21

[Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of international law, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’être, purpose and value of the...
LitStream

Legal Formalism, Procedural Principles, and Judicial Constraint in American Adjudication

Peters, Christopher J.

Pages: 23 –44

[American proponents of legal formalism, such as Supreme Court Justice Antonin Scalia, worry (quite reasonably) that unfettered judicial discretion poses a threat to democratic legitimacy, and they offer formalism—the mechanical implementation of determinate legal rules—as a solution to this...
LitStream

General Principles of Law and Transnational Judicial Communication

Mak, Elaine

Pages: 45 –66

[In the globalised legal context, the national courts in Western legal systems increasingly interact with each other as well as with courts at the regional and international levels. Judges exchange views and experiences in networks and through visits and conferences and they consult...
LitStream

Recognition of International Law: From Formal Criteria to Substantive Principles

Marchettoni, Leonardo

Pages: 67 –77

[According to traditional approaches international law and domestic law were seen either as two separate legal orders (dualism) or as two different branches within the same legal order (monism). There are reasons, however, to deem this dichotomy inadequate to capture the complexity of the...
LitStream

The “Doctrine of Principles” in Neo-Constitutional Theories and the Principle of Reasonableness in Action

De Vanna, Francesco

Pages: 79 –101

[The application of legal principles in legal argument is a fundamental claim of the neo-constitutionalist legal theory. Principles are at the top of the legal hierarchy and provide for the material unity of the judicial system, which is a pluralistic one and intertwined with various needs....
LitStream

Judicial Control of Juries and Just Results in the Common Law System: A Historical Perspective

Smalkin, Frederic N.

Pages: 105 –124

[The ancient common law system of England is still prevalent in many nations associated with—or previously associated with—the United Kingdom, not simply in England and Wales. Findings of fact at common law were the sole prerogative of the jury for many centuries. This chapter addresses...
LitStream

General Principles of International Law: Struggling with a Slippery Concept

Carpanelli, Elena

Pages: 125 –143

[Article 38(1)(c) of the Statute of the International Court of Justice includes general principles of law recognized by civilized nations among the sources of international law. There has been strong debate over the meaning of this expression. One of the most disputed aspects has been whether it...
LitStream

“Please, Handle with Care!”—Some Considerations on the Approach of the European Court of Justice to the Direct Effect of General Principles of European Union Law

Lazzerini, Nicole

Pages: 145 –168

[Since its inception, the European Court of Justice has conceived its mandate as encompassing the competence to identify and use in adjudication unwritten general principles of law, by drawing them, in particular, from the legal orders of the Member States or international law instruments. In...
LitStream

Principio di determinatezza and the Void-for-Vagueness Doctrine in Constitutional Litigation: The Italian Corte Costituzionale and the United States Supreme Court

Boggiani, Michele

Pages: 171 –192

[This chapter offers a comparative analysis between the principio di determinatezza and the void-for-vagueness doctrine in the jurisprudence of the Italian Corte Costituzionale and the United States Supreme Court. The analysis starts by considering the theoretical underpinnings of the principio...
LitStream

Anti-discrimination Law and Limits of the Power of Dismissal: A Comparative Analysis of the Legislation and Case Law in the United States and Italy

Pantano, Fabio

Pages: 193 –213

[The prohibition of discrimination in employment relationships is core to the fundamental principle of human dignity that underlies the law of the most developed Countries. Nonetheless, under a comparative approach, anti-discrimination law assumes different roles and functions according to the...

results per page

Browse All eBooks

Features

Search and discover articles on DeepDyve, PubMed, and Google Scholar
Read the full-text of open access and premium content
Organize articles with folders and bookmarks
Collaborate on and share articles and folders

Info

Pricing
Enterprise Plans
Browse Journals & Topics
About DeepDyve

Help

Help
Publishers
Contact Us

Sign up for your DeepDyve account now!

Read and print from thousands of top scholarly journals.

System error. Please try again!

Continue with Facebook

By signing up, you agree to DeepDyve’s Terms of Service and Privacy Policy.

Already have an account? Log in

Save Article to Bookmarks

Bookmark this article. You can see your Bookmarks on your DeepDyve Library.

To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.

Subscribe to Journal Email Alerts

To subscribe to email alerts, please log in first, or sign up for a DeepDyve account if you don’t already have one.

Follow a Journal

To get new article updates from a journal on your personalized homepage, please log in first, or sign up for a DeepDyve account if you don’t already have one.

Our policy towards the use of cookies

All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.

cookie policy