Epilogue, or, from monologue to dialogue / Maartje de Visser and Willem Witteveen. On society, law and judging / Aharon Barak -- Constitutional dialogues between courts and legislatures / Maartje de Visser -- Judicial lawmaking by the European Court of Human Rights : balancing between common and civil law -- or not? / Mieke van der Linden -- "Judicial lawmaking by the European Court of Human Rights through its interpretation techniques : the doctrine of margin of appreciation and the principle of proportionality" / Mieke van der Linden and Evgeni Moyakine -- The European Court of Justice through the eyes of Aharon Barak : a preliminary assessment / Niels Baeten -- Exploring the parameters of lawmaking : lessons from the United Kingdom / Gerard van der Schyff -- Judicial behaviour as a compensating and dialogical strategy a rejoinder to Professor A. Barak / Maurice Adams -- The dignity of law : fundamental legal principles versus legislative instrumentalism / Hans Gribnau -- Constructive discussion or empty talk? / Judith Dombi -- Constitutional amendments and the limits of judicial activism : the case of the Czech Republic / Radim Dragomaca -- Two types of rhetoric for the art of judicial lawmaking / Willem Witteveen -- Epilogue, or, from monologue to dialogue / Maartje de Visser and Willem Witteveen.
Summary:
At the Montesquieu Seminars, new developments in legal theory are explored and discussed. Fundamental problems experienced in the (practices of) law are reflected critically. A broad range of disciplines contribute at these attempts of sustained critical reflection. No particular school of legal theory is preferred over another. Tilburg Law School has an open mind for new approaches to law and does not want to limit the debate to the agenda set by some school, movement or discipline. As a result, while the seminars are conceived around urgent actual problems, the focus is interdisciplinary.
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