The Use of Foreign Precedents by Constitutional JudgesTania Groppi, Marie-Claire Ponthoreau Bloomsbury Publishing, 28 Mar 2013 - 470 sayfa 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. |
İçindekiler
Valentina Rita Scotti | |
Constitutional History | |
Court 19942010 | |
of Foreign Precedents by the South African Constitutional Court 19952010 | |
Noncosmopolitan but EuropefriendlyThe Constitutional Courts | |
Lifting the Constitutional Curtain? The Use of Foreign Precedent by the German | |
Unsystematic and Incoherent Borrowing of Law The Use of Foreign | |
A Gap between the Apparent and Hidden Attitudes of the Supreme Court of Japan | |
Struggling for an Open View In Constitutional Adjudication | |
Analogical Reasoning as a Dialectical Instrument | |
Irene Spigno | |
Diğer baskılar - Tümünü görüntüle
The Use of Foreign Precedents by Constitutional Judges Tania Groppi,Marie-Claire Ponthoreau Sınırlı önizleme - 2013 |
Sık kullanılan terimler ve kelime öbekleri
according activity adjudication adopted Africa Amendment American analysis appeal applied approach argument Australian authority basic Bill British BVerfGE Canada Canadian Charter citation of foreign citing foreign civil comparative concerning considered Constitutional Court Constitutional Law constitutionality context Council countries decided decisions discussed dissenting doctrine empirical established European example expression fact Federal final foreign case law foreign law foreign precedents freedom fundamental German GFCC High Court human rights important independence India influence institutional interest interpretation Ireland Irish issues Italy Journal judges judgment judicial judicial review jurisdictions jurisprudence Justice legal system legislation limited majority matters mentioned Namibia opinions Parliament particular parties period political possible practice present President principle procedure protection provisions question reasoning references to foreign regard relevant role rule Russian separate opinions shows similar sources South African Supreme Court United University