Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively eng... more Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centered on interviews with ten current and former justices of the SCC and non-‐public archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy”. In addition to these institutional court-to-court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This paper reveals that former and current judges of the SCC interact with foreign and international judges not only within official meetings of the SCC, or as part of the Court’s delegation, but also individually through several mechanisms. The bilateral or multilateral foreign relationships of the SCC, whether as an institution or through individual judges, should not be considered informal or unimportant as they have demonstrable effects. It is through these meetings that they exchange views on their decisions, generate substantive, procedural, and court management ideas, often turning these ideas into action; such as establishing global and regional judicial networks, judicial training institutions, or electronic networks. Ultimately, the data of this research demonstrate that this dialogue with foreign counterparts also have a broader impact on Canada’s global reputation and foreign policy.
Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively eng... more Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centered on interviews with ten current and former justices of the SCC and non-‐public archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy”. In addition to these institutional court-to-court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This paper reveals that former and current judges of the SCC interact with foreign and international judges not only within ...
There are numerous academic writings about the actors, factors, and mechanisms that shape and dri... more There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their classifications. Finally, by using the theoretical and empirical tests, we respond to the normative question, whether the judicial globalization process is a suitable tool for the development of human rights at national, international, and transnational levels. The results of this paper show that hu...
Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively eng... more Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centered on interviews with ten current and former justices of the SCC and non-‐public archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy”. In addition to these institutional court-to-court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This paper reveals that former and current judges of the SCC interact with foreign and international judges not only within official meetings of the SCC, or as part of the Court’s delegation, but also individually through several mechanisms. The bilateral or multilateral foreign relationships of the SCC, whether as an institution or through individual judges, should not be considered informal or unimportant as they have demonstrable effects. It is through these meetings that they exchange views on their decisions, generate substantive, procedural, and court management ideas, often turning these ideas into action; such as establishing global and regional judicial networks, judicial training institutions, or electronic networks. Ultimately, the data of this research demonstrate that this dialogue with foreign counterparts also have a broader impact on Canada’s global reputation and foreign policy.
Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively eng... more Courts and judges across the globe, including the Supreme Court of Canada (SCC), are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centered on interviews with ten current and former justices of the SCC and non-‐public archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy”. In addition to these institutional court-to-court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This paper reveals that former and current judges of the SCC interact with foreign and international judges not only within ...
There are numerous academic writings about the actors, factors, and mechanisms that shape and dri... more There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their classifications. Finally, by using the theoretical and empirical tests, we respond to the normative question, whether the judicial globalization process is a suitable tool for the development of human rights at national, international, and transnational levels. The results of this paper show that hu...
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Papers by Klodian Rado