Reason and Fairness: Constituting Justice in Europe, from Medieval Canon Law to ECHR

Legal History

Reason and Fairness: Constituting Justice in Europe, from Medieval Canon Law to ECHR

By Ulrike Juliane Maria Mussig
Brill Nijhoff July 2019

Specifications

ISBN-13
9789004385269
Publisher
Brill Nijhoff
Publication
July 2019
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Judiciary as Constituted Power Ulrike Mussig 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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