Izvorni znanstveni članak
Normative possibilities in judicial dialogue as a characteristic of trans-national constitutionalism
Arsen Bačić
; Pravni fakultet Sveučilišta u Splitu
Petar Bačić
; Pravni fakultet Sveučilišta u Splitu
Sažetak
Recent literature on new constitutionalism and related constitutional legal dialogue has revealed a significant return to metaphorical dialogue. In classic constitutional law, dialogue had its traditional meaning founded on political classical philosophy. These days, metaphorical dialogue is mostly rooted in the area of comparative constitutional law and is understood in a variety of ways. Dialogue is today understood as an instrument of transplantation or as an informal way of communicating between judicial and political bodies. This constitutes a new paradigm of judicial relations among participants who do not belong to the same legal order and so on. In this article, the nature and limits of dialogue which is carried out today within the framework of constitutional law are pointed out and the appearance of metaphorical dialogue within the Croatian constitutional legal framework is briefly mentioned.
Ključne riječi
constitutionalism; dialogue; courts; Constitutional Court of the Republic of Croatia
Hrčak ID:
119809
URI
Datum izdavanja:
4.4.2014.
Posjeta: 1.386 *