Comparative Law Before the Courts - Couverture souple

Couverture souple

ISBN 10 : 0903067897 ISBN 13 : 9780903067898

Editeur : British Institute of International & Comparative Law, 2004

Synopsis

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions but also look at North America and South Africa. The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial cooperation in national courts. The second part of the book, focusing on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. The third part of the book takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilization between European states. The fourth part of the book covers a widely diverse set of topics in the field of general and mainly private law.

A propos du livre

Présentation de l'éditeur

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is thus extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia, and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions, but also look at North America and South Africa. The first part of the book deals with the problems and possibilities of comparative law in national courts. Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial co-operation in national courts. Part II, on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. Part III takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilisation between European states, and finally Part IV covers a widely diverse set of topics in the field of general and mainly private law.

Biographie de l'auteur

Guy Canivet Guy Canivet is Premier Président of the Cour de cassation, France Mads Andenas Mads Andenas is former Director of the British Institute of International and Comparative Law Duncan Fairgrieve Duncan Fairgrieve is Fellow in Comparative Law and Director of the Tort Law Centre, British Institute of International and Comparative Law; Maitre de Conferences at the Institut d'Etudes Politiques, Paris, and Avocat au Barreau de Paris

Détails de l'édition

• Éditeur: British Institute of International & Comparative Law
• Date d'édition: 2004
• Langue: anglais
• ISBN 10: 0903067897
• ISBN 13: 9780903067898
• Reliure: Broché
• Nombre de pages: 319
• Éditeur: Canivet Guy, Andenas Mads, Fairgrieve Duncan
• Coordonnées du fabricant: non disponible