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Author : Mads Tønnesson Andenæs
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 34,8 MB
Release : 2015
Category : Law
ISBN : 0198735332
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Author : Herbert Jacob
Publisher : Yale University Press
Page : 420 pages
File Size : 41,32 MB
Release : 1996-01-01
Category : Law
ISBN : 9780300063790
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 11,66 MB
Release : 2019-06-13
Category : Law
ISBN : 1108415474
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author : Martin Shapiro
Publisher : University of Chicago Press
Page : 257 pages
File Size : 10,61 MB
Release : 2013-11-15
Category : Law
ISBN : 022616134X
In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.
Author : Guy Canivet
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 29,2 MB
Release : 2005
Category : Comparative law
ISBN : 9780903067898
Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions but also look at North America and South Africa. The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial cooperation in national courts. The second part of the book, focusing on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. The third part of the book takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilization between European states. The fourth part of the book covers a widely diverse set of topics in the field of general and mainly private law.
Author : Guy Canivet
Publisher : British Inst of International & Comparative
Page : 319 pages
File Size : 21,40 MB
Release : 2004
Category : Law
ISBN : 9780903067621
Comparative law is increasingly recognized as an essential reference point for judicial decision-making. This book brings together a collection of essays by distinguished jurists from the judiciary and academia to examine the use of comparative law by national and international courts. Authoritative contributions offer theoretical and practical perspectives from both common law and civil law jurisdictions.
Author : Ulrich Drobnig
Publisher : Springer
Page : 360 pages
File Size : 33,74 MB
Release : 1999
Category : Law
ISBN :
This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.
Author : Allan R. Brewer Carias
Publisher : Ediciones Olejnik
Page : 442 pages
File Size : 39,15 MB
Release : 2023-11-24
Category : Law
ISBN : 956392973X
"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.
Author : Giuseppe Franco Ferrari
Publisher : BRILL
Page : 915 pages
File Size : 34,30 MB
Release : 2019-09-24
Category : Law
ISBN : 9004297596
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.
Author : Nuno Garoupa
Publisher : University of Chicago Press
Page : 286 pages
File Size : 34,30 MB
Release : 2015-11-20
Category : Law
ISBN : 022629062X
Judges are society’s elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg explain how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Judicial Reputation explores how judges respond to the reputational incentives provided by the different audiences they interact with—lawyers, politicians, the media, and the public itself—and how institutional structures mediate these interactions. The judicial structure is best understood not through the lens of legal culture or tradition, but through the economics of information and reputation. Transcending those conventional lenses, Garoupa and Ginsburg employ their long-standing research on the latter to examine the fascinating effects that governmental interactions, multicourt systems, extrajudicial work, and the international rule-of-law movement have had on the reputations of judges in this era.