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Reason and fairness : constituting justice in Europe, from medieval canon law to ECHR /
by Ulrike Müßig.
imprint
Leiden ; Boston : Brill Nijhoff, [2019]
description
xxiv, 629 pages ; 25 cm.
ISBN
9004385266, 9789004385269, 9789004393721
format(s)
Book
Holdings
More Details
imprint
Leiden ; Boston : Brill Nijhoff, [2019]
isbn
9004385266
9789004385269
9789004393721
contents note
Church -- France -- England -- Germany -- Core patterns of ordinary judiciary, representative throughout the European Union -- Protective rationale of ordinary competence : the Court External Sphere -- Protective rationale of objective, general standards : the court internal sphere -- Legal History 'in front of Court' -- Legal history as mentor of present and future.
abstract
"Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness 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."--
catalogue key
12675633
 
Includes bibliographical references (pages 535-604) and index.

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