Comparative Reasoning in European Supreme Courts - Couverture rigide

Bobek, Michal

Couverture rigide

ISBN 10 : 0199680388 ISBN 13 : 9780199680382

Editeur : Oxford University Press, 2013

Synopsis

Comparative Reasoning in European Supreme Courts When and why do judges use inspiration from other systems in solving cases in national law? This book examines the frequency and the genuine practice of cross-border judicial dialogue in contemporary Europe. It evaluates these findings and asks what they mean for our understanding of judicial reasoning and judicial function today.

A propos du livre

Présentation de l'éditeur

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Revue de presse

Studying the comparative reasoning of courts judicial dialogues has been one of the more fashionable topics in legal academia over the past decade. Bobek's book is a valuable contribution to the study of this topic, fact-checking the practice of judicial comparisons through a study of supreme court decisions in England and Wales, France, Germany, the Czech Republic and Slovakia...the book provides a well-researched and realistic account of the reality of comparative law in national Supreme Courts. (Michèle Finck, London School of Economics, European Public Law)

This research is a significant contribution to the discussions concerning the possibilities for plural, legal dialogues between various legal systems... The research is clearly thought and written. (Janne Salminen, Lakimies)

Bobek's book is remarkable indeed. Its clarity, method and sharp analysis make it an important study on the topic. (Carla Zoethout, European Constitutional Law Review)

This book offers a significant contribution to both the jurisprudence of legal reasoning and to the study of the role of comparative law in legal development. The analysis is sophisticated ... It merits careful study by those engaged in the practice of undertaking and using comparative law. (John Bell, International & Comparative Law Quarterly)

Détails de l'édition

• Éditeur: Oxford University Press
• Date d'édition: 2013
• ISBN 10: 0199680388
• ISBN 13: 9780199680382
• Reliure: Relié
• Langue: anglais
• Nombre de pages: 320