Book contents
- Judicial Power
- Judicial Power
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction
- Part I Democratic Legitimacy of Judicial Power
- Part II Democratic Effectiveness of Judicial Power
- 6 Constitutional Court and Politics
- 7 Democracy, Political Crisis, and Constitutional Jurisdiction
- 8 Judicial Power and European Integration
- 9 Fundamental Rights in Europe after Opinion 2/13
- Part III Legitimacy, Effectiveness, and Judicial Methods of Decision-Making
- Part IV Judicial Power in Processes of Transformation
- Index
7 - Democracy, Political Crisis, and Constitutional Jurisdiction
The Leading Role of the Brazilian Supreme Court
from Part II - Democratic Effectiveness of Judicial Power
Published online by Cambridge University Press: 27 January 2019
Edited by
Book contents
- Judicial Power
- Judicial Power
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction
- Part I Democratic Legitimacy of Judicial Power
- Part II Democratic Effectiveness of Judicial Power
- 6 Constitutional Court and Politics
- 7 Democracy, Political Crisis, and Constitutional Jurisdiction
- 8 Judicial Power and European Integration
- 9 Fundamental Rights in Europe after Opinion 2/13
- Part III Legitimacy, Effectiveness, and Judicial Methods of Decision-Making
- Part IV Judicial Power in Processes of Transformation
- Index
Summary
This chapter takes a closer look at the productive partnership between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) and asks whether the existing legal framework guarantees the endurance of the cooperative dialogue between both courts. First, it summarizes the ground rules of their symbiosis, going over the status of the European Convention on Human Rights in European Union law and the ECtHR’s recognition of the European Union’s legal personality. Then, it briefly addresses the impact of the CJEU's Opinion 2/13 on the European Union’s accession to the Convention before exploring the many forms that the judicial dialogue between the CJEU and the ECtHR has taken over the years and discussing the influence of the jurisprudence of one over the other. A final part asks whether it is possible to move beyond labels of comity and identify a legal duty for both courts to cooperate.
- Type
- Chapter
- Information
- Judicial PowerHow Constitutional Courts Affect Political Transformations, pp. 163 - 182Publisher: Cambridge University PressPrint publication year: 2019