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Books > Law > Jurisprudence & general issues > Comparative law
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Courts and Comparative Law (Paperback)
Loot Price: R2,657
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Courts and Comparative Law (Paperback)
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While the role of comparative law in the courts was previously only
an exception, foreign sources are now increasingly becoming a
source of law in regular use in supreme and constitutional courts.
There is considerable variation between the practices of courts and
the role of comparative law, and methods remain controversial. In
the US, the issue has been one of intense public debate and it is
still one of the major dividing issues in the discussion about the
role of the courts. Contributing to the existing discussion of the
use of comparative law in the courts, this book provides an
inclusive, coherent, and practical analysis of the relevant law and
jurisprudence in comparative law in the courts. It examines the
consequences for court procedures and the form of judgments, as
well as how foreign sources are drawn upon in private international
law, European law, administrative law, and constitutional law as
well as before general courts. The book also includes case studies
of comparative law used in particular spheres of the law, such as
tort law and consumer law. Written by practising judges and lawyers
as well as leading academics, this book serves as a central
reference point concerning the role of comparative law before the
courts.
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