The Use of Foreign Precedents by Constitutional Judges

ISBN-13: 9781849466592 / Angielski / Miękka / 2014 / 470 str.

Tania Groppi; Marie-Claire Ponthoreau

Opis

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. Now available in paperback, this book 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 centralized and decentralized systems of judicial review. The results, published here, provide the best evidence yet as to the existence and limits of a transnational constitutional dialogue between courts. (Series: Hart Studies in Comparative Public Law - Vol. 1