The use of foreign precedents by constitutional judges /
"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 purpos...
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| Other Authors: | , |
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| Format: | Book |
| Language: | English |
| Published: |
Oxford, United Kingdom ; Portland, Or. :
Hart Pub.,
2013
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| Series: | Hart studies in comparative public law ;
v. 1 |
| Subjects: | |
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Table of Contents:
- Introduction : the methodology of the research : how to assess the reality of transjudicial communication? / Tania Groppi and Marie-Claire Ponthoreau
- pt. 1: Reference to foreign precedents by the Australian High Court: a matter of method / Cheryl Saunders and Adrienne Stone.
- 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 Gentili
- India: a "critical" use of foreign precedents in constitutional adjudication / Valentina Rita Scotti
- The Supreme Court of Ireland and the use of foreign precedents: the value of constitutional history / Cristina Fasone
- Israel: creating a constitution: the use of foreign precedents by the Supreme Court (1994-2010) / Suzie Navot
- Namibia: the Supreme Court as a foreign law importer / Irene Spigno
- South Africa: teaching an "old dog" new tricks? an empirical study of the use of foreign precedents by the South African Constitutional Court (1995-2010) / Christa Rautenbach
- pt. 2: Austria: non-cosmopolitan, but Europe-friendly: the Constitutional Court's comparative approach / Anna Gamper
- Lifting the constitutional curtain? the use of foreign precedent by the German Federal Constitutional Court / Stefan Martini
- Hungary: unsystematic and incoherent borrowing of law: the use of foreign judicial precedents in the jurisprudence of the Constitutional Court, 1999-2010 / Zoltán Szente
- A gap between the apparent and hidden attitudes of the Supreme Court of Japan towards foreign precedents / Akiko Ejima
- Mexico: struggling for an open view in constitutional adjudication / Eduardo Ferrer Mac-Gregor and Rubén Sánchez Gil
- Romania: analogical reasoning as a dialectical instrument / Elena Simina Tanasescu and Stefan Deaconu
- Russia: foreign transplants in the Russian Constitution and invisible foreign precedents in decisions of the Russian Constitutional Court / Sergey Belov
- Judges as discursive agent: the use of foreign precedents by the Constitutional Court of Taiwan / Wen-Chen Chang and Jiunn-Rong Yeh
- United States of America: first cautious attempts of judicial use of foreign precedents in the Supreme Court's jurisprudence / Angioletta Sperti
- Conclusion: The use of foreign precedents by constitutional judges: a limited practice, an uncertain future / Tania Groppi and Marie-Clair Ponthoreau