The use of foreign precedents by constitutional judges
In 2007 the International Association of Constitutional Law established an Interest Group to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts. This results of the survey, presented here, gives us the best evidence yet of the existence, and extent, of a transnational constitutional dialogue between courts
1 online resource (xxxviii, 431 pages) : illustrations
9781782251002, 9781782251019, 9781472561312, 1782251006, 1782251014, 1472561317
852757198
Introduction. The Methodology of the Research: How to Assess the Reality of Transjudicial Communication? Tania Groppi and Marie-Claire PonthoreauPart I 1. Reference to Foreign Precedents by the Australian High Court: A Matter of Method Cheryl Saunders and Adrienne Stone2. Canada: Protecting Rights in a 'Worldwide Rights Culture'. An Empirical Study of the Use of Foreign Precedents by the Supreme Court of Canada (1982–2010) Gianluca Gentili3. India: A 'Critical' Use of Foreign Precedents in Constitutional Adjudication Valentina Rita Scotti4. The Supreme Court of Ireland and the Use of Foreign Precedents: The Value of Constitutional History Cristina Fasone5. Israel: Creating a Constitution—The Use of Foreign Precedents by the Supreme Court (1994–2010) Suzie Navot6. Namibia: The Supreme Court as a Foreign Law Importer Irene Spigno7. South Africa: Teaching an 'Old Dog' New Tricks? An Empirical Studyof the Use of Foreign Precedents by the South African Constitutional Court (1995–2010) Christa RautenbachPart II 8. Austria: Non-cosmopolitan, but Europe-friendly—The Constitutional Court's Comparative Approach Anna Gampervi Contents9. Lifting the Constitutional Curtain? The Use of Foreign Precedent by the German Federal Constitutional Court Stefan Martini10. Hungary: Unsystematic and Incoherent Borrowing of Law. The Use of Foreign Judicial Precedents in the Jurisprudence of the Constitutional Court, 1999–2010 Zoltán Szente11. A Gap between the Apparent and Hidden Attitudes of the Supreme Court of Japan towards Foreign Precedents Akiko Ejima12. Mexico: Struggling for an Open View In Constitutional Adjudication Eduardo Ferrer Mac-Gregor and Rubén Sánchez Gil13. Romania: Analogical Reasoning as a Dialectical Instrument Elena Simina Tanasescu and Stefan Deaconu14. Russia: Foreign Transplants in the Russian Constitution and Invisible Foreign Precedents in Decisions of the Russian Constitutional Court Sergey Belov15. Judges as Discursive Agent: The Use of Foreign Precedents by the Constitutional Court of Taiwan Wen-Chen Chang and Jiunn-Rong Yeh16. United States of America: First Cautious Attempts of Judicial Use of Foreign Precedents in the Supreme Court's Jurisprudence Angioletta SpertiConclusion. The Use of Foreign Precedents by Constitutional Judges: A Limited Practice, An Uncertain Future Tania Groppi and Marie-Claire Ponthoreau