The art of judicial reasoning : festschrift in honour of Carl Baudenbacher

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s) Front Matter ....Pages i-xvi Front Matter ....Pages 1-1 E gudde Noper – A Good Neighbour (Francis Delaporte)....Pages 3-10 The Law (Knut Almestad)....Pages 11-21 European Courts and the Protection of Fundamental Rights (Antonio Tizzano)....Pages 23-32 Fundamental Rights and Fundamental Law: The 2014 Revision of the Norwegian Constitution (Toril Marie Øie, Henrik Bull)....Pages 33-50 A Different Level, a Different Purpose? Reflections on International Criminal Law from the Perspective of Penal Theory (Jean-Luc Baechler, assisted by Gian-Flurin Steinegger)....Pages 51-64 The Enforcement of the EEA Agreement by the EFTA Surveillance Authority: Enhancing Welfare and Prosperity (Sven Erik Svedman)....Pages 65-77 Front Matter ....Pages 79-79 Judges: Servants of the Law – But Also Servants of Justice? (Irmgard Griss)....Pages 81-90 The EU Judiciary in a New Era of Accountability (Marc Jaeger)....Pages 91-104 The Acceptability of the Rulings of the European Court of Human Rights (Paul Mahoney)....Pages 105-124 Some Reflections on the Legitimacy of the Strasbourg Judge (Georges Ravarani)....Pages 125-153 On Judicial Independence and the Quest for National, Supranational and Transnational Justice (Koen Lenaerts)....Pages 155-174 Joint Dispute Settlement and Judicial Interpretation – A Precondition for Participation in the EU Internal Market? (Sven Norberg)....Pages 175-189 Patience and Perseverance in Administering Justice – The Role of a Judge at the Andean Tribunal of Justice (Luis José Diez Canseco Núñez)....Pages 191-200 Adjudication in Maritime Disputes (Vladimir Golitsyn)....Pages 201-209 Independence of the Luxembourg Judiciary Through a Council for the Judiciary – A Never-Ending Story (Jean-Claude Wiwinius)....Pages 211-220 Front Matter ....Pages 221-221 For Whom Are Judgments Written? (Benedikt Bogason, Þorgeir Örlygsson)....Pages 223-231 On Understanding and Being Understood – The Judicial System, Communication and the Public (Anne-José Paulsen)....Pages 233-246 Law and Language(s) (Vassilios Skouris)....Pages 247-257 Judicial Reasoning in a Multinational Court (Bo Vesterdorf)....Pages 259-271 Is There an Art of Judicial Reasoning at the General Court? Some Modest Comments (Marc van der Woude)....Pages 273-279 Comparative Law as an Element of Reasoning (Hubertus Schumacher)....Pages 281-291 “Fiat Justitia ruat caelum”. Is This a Good Guide to the Role of a Specialist Appeal Court Judge? (Peter Freeman)....Pages 293-305 Antitrust Courts and Economic Findings in Germany (Andreas Mundt)....Pages 307-320 "This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written."-- Back cover