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Vol 23 No 11 Nov/Dec 2018

Book of the Month

Cover of Paget's Law of Banking

Paget's Law of Banking

Edited by: John Odgers, Pagets
Price: £559.99

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Judiciary as Constituted Power: European Court History from Medieval Canon Law to ECHR

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ISBN13: 9789004385269
To be Published: March 2019
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £160.00



Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Judiciary as Constituted Power Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.

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Subjects:
Legal History