Judicial cosmopolitanism : the use of foreign law in contemporary constitutional systems / Giuseppe Franco Ferrari.

Format:

Book

Contributor:

Ferrari, Giuseppe Franco, 1950- editor.

Language:

English

Subjects (All):

Constitutional law--Foreign influences.

Constitutional law.

Courts of last resort.

International and municipal law.

Law and globalization.

Physical Description:

1 online resource (915 pages)

Place of Publication:

Leiden Boston : Brill | Nijhoff, 2019.

Summary:

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Contents:

Front Matter

Copyright Page

Notes on Contributors

Introduction: Judicial Constitutional Comparison and Its Varieties / Giuseppe Franco Ferrari

Common Law Countries

Splendid Isolation or Open to the World? The Use of Foreign Law by the UK Supreme Court / Justin O. Frosini

The Use of Foreign Law in Irish Constitutional Adjudication / Oran Doyle and Tom Hickey

Legal Comparison Within the Case Law of the Supreme Court of the United States of America / Giuseppe Franco Ferrari

Comparative Law in the Jurisprudence of the Supreme Court of Canada / Nino Olivetti Rason and Sara Pennicino

Developing an Indian Constitutional Jurisprudence Drawing on Judicial Thinking in the Rest of the Common Law World / Anton Cooray

The Practice of Comparative Law by the Supreme Courts of Australia and New Zealand / Maurilio Gobbo

The Comparative Legal Tool-Kit of the Constitutional Court of South Africa / Angelo Rinella and Valentina Cardinale

Continental Europe

Comparative Law and the French Constitutional Council / Paolo Passaglia

Comparative Reasoning in Constitutional Litigation: Functions, Methods and Selected Case Law of the German Federal Constitutional Court / Sonja Haberl

Comparative Law in the Case Law of the Austrian Constitutional Court / Christoph Grabenwarter

Conspicuous Absentees in the Dutch Legal Order: Constitutional Review & A Constitutional Court / Wim Voermans

The Constitutional Court of Belgium and the Use of the Comparative Argument. From the Dialogue with the “Sister Courts” to the Dialogue with the European Courts / Paolo Carrozza

The Spanish Constitutional Court and Foreign and Comparative Law: Theory and Practice of a Marriage of Convenience / Ángel Aday Jiménez Alemán

The Use of Comparison in the Swiss Federal Tribunal Case Law / Sergio Gerotto

Is There a Middle Ground between Constitutional Patriotism and Constitutional Cosmopolitanism? The Portuguese Constitutional Court and the Use of Foreign (Case) Law / Catarina Santos Botelho

The Italian Constitutional Court / Vincenzo Zeno-Zencovich

Northern Europe

The Use of Foreign Precedents in Constitutional Interpretation by the Nordic Courts / Francesco Duranti

Foreign Materials in the Judgments of the Constitutional Court of the Republic of Latvia / Anita Rodiņa

The Use of Foreign Law by Estonian Supreme Court / Madis Ernits

Eastern Europe

The Russian Constitutional Court and the Judicial Use of Comparative Law: A Problematic Relationship / Mauro Mazza

Comparative Analysis in the Case Law of the Constitutional Tribunal of Poland / Miroslaw Granat

The Use of Foreign Legal Materials by the Constitutional Court of the Czech Republic / Jana Ondřejková, Kristina Blažková and Jan Chmel

Use of Foreign Law in the Practice of the Hungarian Constitutional Court – With Special Regard to the Period between 2012 and 2016 / Csaba Erdős and Fanni Tanács-Mandák

Constitutional Adjudication and Comparative Law in the Republic of Croatia / Carna Pistan

The Use of Foreign and Comparative Law by the Constitutional Court and the High Court of Cassation of Romania / Camelia Toader

The Use of Comparative and International Law by the Constitutional Court of Bosnia and Herzegovina / Laura Montanari

National Courts and Comparative Law – The States of Former Yugoslavia (Slovenia, Croatia, Serbia, Bosnia-Herzegovina, Macedonia and Montenegro) / Gian Antonio Benacchio

Asia

The Recourse to Foreign Legal Sources by the Southeast Asian Constitutional and Supreme Courts / Serena Baldin

Use of Foreign and Comparative Law by the Supreme Court of Japan / Akiko Ejima

Latin America

Foreign Law and Foreign Case Law before Latin American Constitutional and Supreme Courts / Francesca Polacchini

Israel

The Supreme Court of Israel and the Use of Comparative Law / Leonardo Pierdominici

Back Matter

Index of Authors.

Notes:

Includes index.

ISBN:

90-04-29759-6

Publisher Number:

10.1163/9789004297593 DOI