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The Use of Foreign Precedents by Constitutional Judges (Paperback)
Loot Price: R1,439
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The Use of Foreign Precedents by Constitutional Judges (Paperback)
Series: Hart Studies in Comparative Public Law
Expected to ship within 9 - 15 working days
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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. The collected data for each
jurisdiction makes for engaging reading. It reveals details of the
extent of visible (and sometimes implied) comparative activity that
each of the courts displays in its jurisprudence ... we now have a
clearer picture of how some of the most prominent constitutional
courts deal (or desist from dealing) with comparable judgments in
other countries. Francois Venter, International Journal of
Constitutional Law, Vol. 12, no 1, January 2014 The volume ...
represents a refreshing approach to complex questions raised in
debates about constitutional borrowing, transjudicial
communication, or the migration of constitutional ideas ... The Use
of Foreign Precedents by Constitutional Judges will be essential
reading for scholars seeking to refresh the debates about using
foreign law. Helene Tyrrell, Public Law, April 2014
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