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Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems

Edited by: Giuseppe Franco Ferrari

ISBN13: 9789004243118

Published: October 2019

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £252.00

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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.

Subjects:: Constitutional and Administrative Law

Contents:: Introduction: Judicial Constitutional Comparison and Its Varieties by Giuseppe Franco Ferrari; Common Law Countries; Splendid Isolation or Open to the World? The Use of Foreign Law by the UK Supreme Court by Justin O. Frosini; The Use of Foreign Law in Irish Constitutional Adjudication by Oran Doyle and Tom Hickey; Legal Comparison Within the Case Law of the Supreme Court of the United States of America by Giuseppe Franco Ferrari; Comparative Law in the Jurisprudence of the Supreme Court of Canada by Nino Olivetti Rason and Sara Pennicino; Developing an Indian Constitutional Jurisprudence Drawing on Judicial Thinking in the Rest of the Common Law World by Anton Cooray; The Practice of Comparative Law by the Supreme Courts of Australia and New Zealand by Maurilio Gobbo; The Comparative Legal Tool-Kit of the Constitutional Court of South Africa by Angelo Rinella and Valentina Cardinale; Continental Europe; Comparative Law and the French Constitutional Council by Paolo Passaglia; Comparative Reasoning in Constitutional Litigation: Functions, Methods and Selected Case Law of the German Federal Constitutional Court by Sonja Haberl; Comparative Law in the Case Law of the Austrian Constitutional Court by Christoph Grabenwarter; Conspicuous Absentees in the Dutch Legal Order: Constitutional Review & A Constitutional Court by 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 by Paolo Carrozza; The Spanish Constitutional Court and Foreign and Comparative Law: Theory and Practice of a Marriage of Convenience by Ángel Aday Jiménez Alemán; The Use of Comparison in the Swiss Federal Tribunal Case Law by Sergio Gerotto; Is There a Middle Ground between Constitutional Patriotism and Constitutional Cosmopolitanism? The Portuguese Constitutional Court and the Use of Foreign (Case) Law by Catarina Santos Botelho; The Italian Constitutional Court by Vincenzo Zeno-Zencovich; Northern Europe; The Use of Foreign Precedents in Constitutional Interpretation by the Nordic Courts by Francesco Duranti; Foreign Materials in the Judgments of the Constitutional Court of the Republic of Latvia by Anita Rodiņa; The Use of Foreign Law by Estonian Supreme Court by Madis Ernits; Eastern Europe; The Russian Constitutional Court and the Judicial Use of Comparative Law: A Problematic Relationship by Mauro Mazza; Comparative Analysis in the Case Law of the Constitutional Tribunal of Poland by Miroslaw Granat; The Use of Foreign Legal Materials by the Constitutional Court of the Czech Republic by 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 by Csaba Erdős and Fanni Tanács-Mandák; Constitutional Adjudication and Comparative Law in the Republic of Croatia by Carna Pistan; The Use of Foreign and Comparative Law by the Constitutional Court and the High Court of Cassation of Romania by Camelia Toader; The Use of Comparative and International Law by the Constitutional Court of Bosnia and Herzegovina by Laura Montanari; National Courts and Comparative Law – The States of Former Yugoslavia (Slovenia, Croatia, Serbia, Bosnia-Herzegovina, Macedonia and Montenegro) by Gian Antonio Benacchio; Asia; The Recourse to Foreign Legal Sources by the Southeast Asian Constitutional and Supreme Courts by Serena Baldin; Use of Foreign and Comparative Law by the Supreme Court of Japan by Akiko Ejima; b>Latin America; Foreign Law and Foreign Case Law before Latin American Constitutional and Supreme Courts by Francesca Polacchini; Israel; The Supreme Court of Israel and the Use of Comparative Law by Leonardo Pierdominici