The Use Of Foreign Precedents By Constitutional Judges

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The Use of Foreign Precedents by Constitutional Judges

Tania Groppi,Marie-Claire Ponthoreau
The Use of Foreign Precedents by Constitutional Judges Book PDF

Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 53,5 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251002

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The Use of Foreign Precedents by Constitutional Judges by Tania Groppi,Marie-Claire Ponthoreau Pdf

In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.

Judicial Cosmopolitanism

Giuseppe Franco Ferrari
Judicial Cosmopolitanism Book PDF

Author : Giuseppe Franco Ferrari
Publisher : BRILL
Page : 915 pages
File Size : 55,5 Mb
Release : 2019-09-24
Category : Law
ISBN : 9789004297593

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Judicial Cosmopolitanism by Giuseppe Franco Ferrari Pdf

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Constitutional Law and Precedent

Monika Florczak-Wątor
Constitutional Law and Precedent Book PDF

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 278 pages
File Size : 50,8 Mb
Release : 2022-03-30
Category : Law
ISBN : 9781000589993

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Constitutional Law and Precedent by Monika Florczak-Wątor Pdf

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Courts and Comparative Law

Mads Andenas,Duncan Fairgrieve
Courts and Comparative Law Book PDF

Author : Mads Andenas,Duncan Fairgrieve
Publisher : OUP Oxford
Page : 730 pages
File Size : 42,8 Mb
Release : 2015-07-30
Category : Law
ISBN : 9780191059032

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Courts and Comparative Law by Mads Andenas,Duncan Fairgrieve Pdf

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

The Use of Foreign Precedents by Constitutional Judges

Tania Groppi,Marie-Claire Ponthoreau
The Use of Foreign Precedents by Constitutional Judges Book PDF

Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 54,7 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251019

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The Use of Foreign Precedents by Constitutional Judges by Tania Groppi,Marie-Claire Ponthoreau Pdf

In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.

Comparative Constitutional Reasoning

András Jakab,Arthur Dyevre,Giulio Itzcovich
Comparative Constitutional Reasoning Book PDF

Author : András Jakab,Arthur Dyevre,Giulio Itzcovich
Publisher : Cambridge University Press
Page : 867 pages
File Size : 48,6 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107085589

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Comparative Constitutional Reasoning by András Jakab,Arthur Dyevre,Giulio Itzcovich Pdf

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

Martin Schauer,Bea Verschraegen
General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports G n raux du XIX me Congr s de l Acad mie Internationale de Droit Compar Book PDF

Author : Martin Schauer,Bea Verschraegen
Publisher : Springer
Page : 625 pages
File Size : 53,6 Mb
Release : 2017-06-01
Category : Law
ISBN : 9789402410662

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General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by Martin Schauer,Bea Verschraegen Pdf

This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

Human Rights in the UK and the Influence of Foreign Jurisprudence

Hélène Tyrrell
Human Rights in the UK and the Influence of Foreign Jurisprudence Book PDF

Author : Hélène Tyrrell
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 40,8 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509904952

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Human Rights in the UK and the Influence of Foreign Jurisprudence by Hélène Tyrrell Pdf

Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

Precedents and Case-Based Reasoning in the European Court of Justice

Marc Jacob
Precedents and Case Based Reasoning in the European Court of Justice Book PDF

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,6 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491

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Precedents and Case-Based Reasoning in the European Court of Justice by Marc Jacob Pdf

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

The Oxford Handbook of Comparative Constitutional Law

Michel Rosenfeld,András Sajó
The Oxford Handbook of Comparative Constitutional Law Book PDF

Author : Michel Rosenfeld,András Sajó
Publisher : American Chemical Society
Page : 1417 pages
File Size : 50,8 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780199578610

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The Oxford Handbook of Comparative Constitutional Law by Michel Rosenfeld,András Sajó Pdf

A comprehensive reference resource on comparative constitutional law, this title examines the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.

Establishing Judicial Authority in International Economic Law

Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen
Establishing Judicial Authority in International Economic Law Book PDF

Author : Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen
Publisher : Cambridge University Press
Page : 343 pages
File Size : 48,6 Mb
Release : 2016-07-12
Category : Law
ISBN : 9781107147102

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Establishing Judicial Authority in International Economic Law by Joanna Jemielniak,Laura Nielsen,Henrik Palmer Olsen Pdf

This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.

Supreme But Not Infallible

B. N. Kirpal
Supreme But Not Infallible Book PDF

Author : B. N. Kirpal
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 51,6 Mb
Release : 2004
Category : Courts
ISBN : 0195672267

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Supreme But Not Infallible by B. N. Kirpal Pdf

Volume to commemorate fifty years of Supreme Court of India; comprises articles on the working of the court.

Guide to Foreign and International Legal Citations

Anonim
Guide to Foreign and International Legal Citations Book PDF

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 51,5 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

Comparative Matters

Ran Hirschl
Comparative Matters Book PDF

Author : Ran Hirschl
Publisher : OUP Oxford
Page : 304 pages
File Size : 54,5 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780191023897

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Comparative Matters by Ran Hirschl Pdf

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Interpreting Constitutions

Jeffrey Goldsworthy
Interpreting Constitutions Book PDF

Author : Jeffrey Goldsworthy
Publisher : Oxford University Press
Page : 372 pages
File Size : 44,9 Mb
Release : 2006-02-09
Category : Law
ISBN : 9780199274130

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Interpreting Constitutions by Jeffrey Goldsworthy Pdf

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.