© 2015

General Principles of Law - The Role of the Judiciary

  • Laura Pineschi


  • Covers a key topic for understanding the role of the judiciary in a globalized legal context

  • Deals with an aspect often neglected by legal writers: the role played by domestic and international judges in the “flexibilization” of legal systems through general principles

  • Includes reflections on fundamental principles as legal constraints to unfettered judicial discretion?

  • Features a comparative perspective and includes case studies


Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 46)

Table of contents

  1. Front Matter
    Pages i-xviii
  2. General Principles and the Judiciary: Legal Theory and Courts’ Interactions

  3. General Principles and the Judiciary: Legal Systems and Domestic Frameworks

  4. General Principles and the Judiciary in a Comparative Perspective

  5. The Role of the Judge and General Principles in Selected Issues and Case Studies

About this book


This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.
This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism.
The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences.
The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality.
Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as

further their reciprocal interactions.


Antidiscrimination Law Common Law System in Historical Perspective Disagreements in International Law Dworkin’s Legal Theory ECHR Case Law European Union Law General Principles of Law Human Rights Law and International Humanitarian Law Law in Neoconstitutional Theories Legal Systems and Domestic Frameworks Legal Theory and Courts’ Interactions Lex Specialis Principle National and international tribunals Praetorian Extension of Judicial Review Prison Overcrowding Role of the Judiciary Same-Sex Couples before US and European Judges Solidarity Principle in the European Union Transnational Judicial Communication

Editors and affiliations

  • Laura Pineschi
    • 1
  1. 1.Department of LawUniversity of ParmaParmaItaly

Bibliographic information

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