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13 results

  • Europe as a Space of Constitutional Interdependence: New Questions about the Preliminary Ruling

  • Marta Cartabia
  • Journal:
    German Law Journal / Volume 16 / Issue 6 / December 2015
    Published online by Cambridge University Press:
    06 March 2019, pp. 1791-1796
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  • The European continent has become a space of constitutional interdependence and consequently, national Constitutional Courts are now embedded in a constitutional fabric made of national constitutions, European Union (EU) law, European treaties, and conventions. This is all the more evident in the domain of fundamental rights.

Pope Benedict XVI's Legal Thought
  • A Dialogue on the Foundation of Law
  • Edited by Marta Cartabia, Andrea Simoncini
  • Published online:
    05 February 2015
    Print publication:
    05 March 2015
  • Throughout Pope Emeritus Benedict XVI's pontificate he spoke to a range of political, civil, academic, and other cultural authorities. These speeches reveal a striking sensitivity to the fundamental problems of law, justice, and democracy. He often presented a call for Christians to address issues of public ethics such as life, death, and family from what they have in common with other fellow citizens: reason. This book discusses the speeches in which the Pope Emeritus reflected most explicitly on this issue, along with commentary from distinguished legal scholars. It responds to Benedict's invitation to engage in public discussion on the limits of positivist reason in the domain of law from his address to the Bundestag. Although the topics of each address vary, they are joined by a series of core ideas whereby Benedict sketches, unpacks, and develops an organic and coherent way to formulate a 'public teaching' on justice and law.

  • Europe and Rights: Taking Dialogue Seriously

  • Marta Cartabia
  • Journal:
    European Constitutional Law Review / Volume 5 / Issue 1 / February 2009
    Published online by Cambridge University Press:
    05 May 2009, pp. 5-31
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  • Judicial dialogue – protection of fundamental rights – common constitutional principles – judicial activism – Charter of Fundamental Rights – pluralistic nature of Europe – national particularism – preliminary reference procedure – duty of constitutional courts to participate in dialogue – protection of national constitutional values and traditions – judicial style of European Court of Justice