01504     2200205   4500001002100000005001500021008004100036020002200077035001900099041000800118082001000126084001600136100001900152245009000171260002400261500006000285520087800345650004901223650002601272INLIS00000000000975120200508204936200508|||||||||   |   |||   |||| ||eng||  a978-90-04-39372-1  0010-0520009751  aeng0 a346.4  a346.4/Mü/R0 aUlrike Müßig00aReason and Fairness : Constituting Justice in Europe, from Medieval Canon Law to ECHR  aLeidenbBrillc2019  a<a href="https://brill.com/view/title/39332">e-book</a>  aThroughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig 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. 0aJustice, Administration of--Europe--History. 0aLaw--Europe--History.