Reason and fairness : constituting justice in Europe, from medieval canon law to ECHR
著者
書誌事項
Reason and fairness : constituting justice in Europe, from medieval canon law to ECHR
（Legal history library, v. 27）
Brill Nijhoff, c2019
- : hardback
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注記
Includes bibliographical references (p. [535]-604) and index
収録内容
- Church
- France
- England
- Germany
- Core patterns of ordinary judiciary, representative throughout the European Union
- Protective rationale of ordinary competence : the court external sphere
- Protective rationale of objective, general standards : the court internal sphere
- Legal History 'in front of Court'
- Legal history as mentor of present and future
内容説明・目次
内容説明
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness 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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