Judicial recourse to foreign law : a new source of inspiration? / Basil Markesinis and Jörg Fedtke ; with commentary by Laurie Ackermann ... [et al.].

London : UCL Press, 2006.

26478

Judicial process.

Judges.

Comparative law.

Conflict of laws.

1. Setting the scene --2. A quick glance at seven jurisdictions --3. When should such dialogue take place? --4. Dangers and obstacles in the use of foreign law --5. Mental disposition as a factor impeding recourse to foreign law --6. Conclusions --Commentary by our invited judges. Constitutional comparativism in South Africa / Laurie W. H. Ackermann

Comparison in public law / Aharon Barak

The constitutional judge and the international constitutionalist dialogue / Brun-Otto Bryde

The practice of comparative law by the supreme courts / Guy Canivat

Comparative law in constitutional adjudication / Sir Sydney Kentridge

The European judge as comparatist / Christos L. Rozakis

The judge as comparatist / Konrad Schiemann.

The book provides an overview of the use of foreign law in domestic judgments. It first considers the appropriate occasions for recourse to foreign law, as well as obstacles and issues that arise in employing foreign law in domestic matters. Second, it considers factors that would disincline judges from considering foreign law. Third, it includes commentary from invited judges from various jurisdictions on the use of foreign law.

Includes bibliographical references (p. [377]-396) and indices.

9781844721597

xxix, 409 p. ; 23 cm