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| Author | : Mads Tønnesson Andenæs |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 756 |
| Release | : 2015 |
| Genre | : 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 | : Guy Canivet |
| Publisher | : British Institute for International & Comparative Law |
| Total Pages | : 0 |
| Release | : 2005 |
| Genre | : 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 | : Martin Shapiro |
| Publisher | : University of Chicago Press |
| Total Pages | : 257 |
| Release | : 2013-11-15 |
| Genre | : 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 | : Herbert Jacob |
| Publisher | : Yale University Press |
| Total Pages | : 420 |
| Release | : 1996-01-01 |
| Genre | : 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 |
| Total Pages | : 292 |
| Release | : 2020-07-09 |
| Genre | : Law |
| ISBN | : 9781108401470 |
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
| Author | : Dean Symeon C. Symeonides |
| Publisher | : Oxford University Press |
| Total Pages | : 841 |
| Release | : 2016-04-15 |
| Genre | : Law |
| ISBN | : 0190496746 |
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
| Author | : Tom Ginsburg |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 681 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
| Author | : Nuno Garoupa |
| Publisher | : University of Chicago Press |
| Total Pages | : 286 |
| Release | : 2015-11-20 |
| Genre | : Law |
| ISBN | : 022629059X |
In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
| Author | : Allan R. Brewer-Carías |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2013-07-11 |
| Genre | : Law |
| ISBN | : 9781107613089 |
In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
| Author | : Sanja Kutnjak Ivković |
| Publisher | : Cambridge University Press |
| Total Pages | : 380 |
| Release | : 2021-07-29 |
| Genre | : Law |
| ISBN | : 110892297X |
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.
