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Multicentrism as an Emerging Paradigm in Legal Theory
Marek Zirk-SadowskiMariusz Jerzy GoleckiBartosz Wojciechowski
出版Peter Lang, 2009
主題Law / GeneralLaw / Administrative Law & Regulatory PracticeLaw / Conflict of LawsLaw / InternationalLaw / JurisprudencePhilosophy / GeneralPhilosophy / Political
ISBN36315956389783631595633
URLhttp://books.google.com.hk/books?id=1n-JK2YWQSIC&hl=&source=gbs_api
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註釋The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.