Il ricorso al diritto comparato in tema di diritti umani, fra vincoli giuridici e mediazioni culturali
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Sergio Bartole
Publishing Year 2007 Issue 2007/2 Language Italian
Pages 16 P. 229-244 File size 117 KB
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Legal bonds and cultural mediation in the identification of human rights by resorting to comparative law (by Sergio Bartole) - ABSTRACT- Drawing inspiration from recent judgments of superior national and international Courts the Author deals with the problem of the use of comparative law and other materials with special regard to judicial precedents by the judges. As distinction is made between quotations which have a legal justification (national law of the member States by the European Court of the European Union or decisions of the European Human Rights Court by national Courts) and quotations which have a cultural relevance only and don’t have any legal justification. Sometimes the judges think to be bound to follow the precedents without elaborating the quoted materials and sometimes they feel to be allowed to elaborate them.
Sergio Bartole, Il ricorso al diritto comparato in tema di diritti umani, fra vincoli giuridici e mediazioni culturali in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2007, pp 229-244, DOI: