Judicial decision-making in a globalised world : a comparative analysis of the changing practices of western highest courts
Author(s)
Bibliographic Information
Judicial decision-making in a globalised world : a comparative analysis of the changing practices of western highest courts
(Hart studies in comparative public law, v. 3)
Hart Publishing, 2013
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [243]-255) and index
Description and Table of Contents
Description
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
Table of Contents
1. Introduction: Highest Courts in Flux
I. The Trend of Judicial Internationalisation
II. Why Do Judges Cite Foreign Law?
III. Learning from the Views of Judges
IV. Scope of the Research
V. Outline of the Book
2. Understanding the Development of Highest Courts' Practices: A Constitutional-Theoretical Approach
I. Constitutional Theory and Legal Evolution
II. Procedural Aspects of Legal Evolution
III. Substantive Aspects of Legal Evolution
IV. Conclusion
3. Introducing the Comparative and Empirical Analysis
I. Anglo-Saxon Model: A Single Highest Court (United Kingdom, Canada, United States)
II. French Model: Multiple Highest Courts (France, the Netherlands)
III. Comparing the Courts
IV. An Empirical Analysis
V. Conclusion
4. Incorporating the Transnational: Judicial Roles, Relations and Working Methods in a Globalised World
I. Judicial Roles in a Globalised World
II. International Relations of the Highest Courts
III. Working Methods in a Globalised World
IV. Conclusion
5. The Use of Foreign Law in Judicial Decision-Making
I. Status of Foreign Law
II. Use of Foreign Law: Examples from Case Law
III. Justification of Developed Practices
IV. Conclusion
6. Conclusion: Assessing the Development of Highest Courts' Practices
I. Constitutional (In-)Flexibility in Action: Procedural and Substantive Explanations for the Development of Highest Courts' Practices
II. Epilogue: The Future of Judicial Internationalisation
by "Nielsen BookData"