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Judicial Decision-Making in a Globalised World - A Comparative Analysis of the Changing Practices of Western Highest Courts (Hardcover, New)
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Judicial Decision-Making in a Globalised World - A Comparative Analysis of the Changing Practices of Western Highest Courts (Hardcover, New)
Series: Hart Studies in Comparative Public Law
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Why do judges study legal sources which 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
which 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
which 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.
General
Imprint: |
Hart Publishing
|
Country of origin: |
United Kingdom |
Series: |
Hart Studies in Comparative Public Law |
Release date: |
November 2013 |
First published: |
2013 |
Authors: |
Elaine Mak
|
Dimensions: |
234 x 156 x 12mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
290 |
Edition: |
New |
ISBN-13: |
978-1-84946-554-0 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Foundations of law >
General
|
LSN: |
1-84946-554-1 |
Barcode: |
9781849465540 |
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