Judicial cosmopolitanism : the use of foreign law in contemporary constitutional systems / Giuseppe Franco Ferrari.
2019
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Title
Judicial cosmopolitanism : the use of foreign law in contemporary constitutional systems / Giuseppe Franco Ferrari.
Added Author
Imprint
Leiden Boston : Brill | Nijhoff, 2019.
Description
1 online resource.
Series
International Law E-Books Online, Collection 2019, ISBN ; 9789004390843.
Formatted Contents Note
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.
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.
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.
Note
Includes index.
Location
www
Available in Other Form
Print version: Judicial cosmopolitanism: the use of foreign law in contemporary constitutional systems, Leiden Boston: Brill | Nijhoff, 2019
Linked Resources
Alternate Title
Brill International Law E-Books Online Collection
Language
English
ISBN
9789004297593 (electronic book)
9789004243118 (print)
9789004243118 (print)
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