The Use of Foreign Precedents by Constitutional Judges - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Use of Foreign Precedents by Constitutional Judges write by Tania Groppi. This book was released on 2013-03-28. The Use of Foreign Precedents by Constitutional Judges available in PDF, EPUB and Kindle. 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.
Judicial Bricolage
Judicial Bricolage - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Bricolage write by Tania Groppi. This book was released on 2025-01-09. Judicial Bricolage available in PDF, EPUB and Kindle.
Judicial Cosmopolitanism
Judicial Cosmopolitanism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Cosmopolitanism write by Giuseppe Franco Ferrari. This book was released on 2019-09-24. Judicial Cosmopolitanism available in PDF, EPUB and Kindle. 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.
Constitutional Law and Precedent
Constitutional Law and Precedent - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Law and Precedent write by Monika Florczak-Wątor. This book was released on 2022-03-30. Constitutional Law and Precedent available in PDF, EPUB and Kindle. This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Foreign Precedents in the Federal Judiciary
Foreign Precedents in the Federal Judiciary - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Foreign Precedents in the Federal Judiciary write by James Thuo Gathii. This book was released on 2010. Foreign Precedents in the Federal Judiciary available in PDF, EPUB and Kindle. Federal courts have increasingly cited to foreign precedent and Supreme Court Justices have debated the permissibility and effect of citing such opinions in interpreting the Constitution. However, the courts have also cited to the World Trade Organization's Dispute Settlement Body (DSB). The DSB has received attention from U.S. Congress members for its decisions which rule against U.S. trade laws or their application. This article addresses two questions related to this Congressional concern: first, are federal courts bound to follow such decisions when construing a provision of a U.S. trade statute, and, second, where a provision of a federal statute has been interpreted by the DSB to be in violation of the United States' World Trade Organization/GATT treaty obligations, is a federal court bound to follow this internationally binding decision? By examining the decision in the case Turtle Island Restoration Network v. Evans, it is clear that federal courts can craft a decision which consistent with the United States' international legal obligations when the U.S. law has been deemed inconsistent with a GATT/WTO obligation. Therefore, violating international law to act consistently with domestic law is not excusable.
