†Dialogue Between the Highest Courts: Co-operation, Co-Habitation or Conflict? (20666). 2 units. One of the emerging trends in the modern countries is the development of so-called multi-dimensional protection of individual rights. In consequence, questions concerning protection of those rights may be parallely addressed under different norms of reference (like: national constitutions as well as international and supranational instruments) and adjudicated before different (national, international and supranational) judicial bodies.
While potentially beneficial for protection of rights, multi-national dimensional protection may result in jurisdictional overlaps. In the national-level perspective, there may be an endemic competition between a supreme court and a constitutional court. In the international-level perspective, there may be no clear borders between jurisdiction of different courts, as is the case with the two European highest courts: the European Court of Human Rights and the Court of Justice of the European Union. And, finally, in the cross-level perspective, national and international courts may be called to decide on the same matter. It generates a considerable potential for conflict as it is in the nature of every highest court that it may not be willing to accept limitations to its jurisdictional supremacy.
This seminar will identify and review several examples of dialogue between the highest courts. The class will mostly focus on different European systems and will devote particular attention to cases concerning individual rights and liberties. We will see that, in the realities of judicial dialogue, different courts arrive at different solutions and –- while quite often there is a common will to cooperate -- some courts could hardly resist the temptation to enter into an open conflict.
In brief, this seminar will serve as an introductory guide into the complicated system of constitutional and international jurisdictions in the modern world. Enrollment capped at seventeen. Paper required. L. Garlicki.