judicial decision making in a globalised world a comparative analysis of the changing practices of western highest courts hart studies in comparative public law

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Judicial Decision Making In A Globalised World

Author : Elaine Mak
ISBN : 9781782253648
Genre : Law
File Size : 89. 4 MB
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Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Human Rights In The Uk And The Influence Of Foreign Jurisprudence

Author : Hélène Tyrrell
ISBN : 9781509904969
Genre : Law
File Size : 41. 54 MB
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Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

Legitimate Expectations In The Common Law World

Author : Matthew Groves
ISBN : 9781509909490
Genre : Law
File Size : 45. 24 MB
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The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

Administrative Law And Judicial Deference

Author : Matthew Lewans
ISBN : 9781782253358
Genre : Law
File Size : 59. 52 MB
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

Australian National University Report

Author : Australian National University
ISBN : PSU:000048984386
Genre : Universities and colleges
File Size : 74. 59 MB
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Dissertation Abstracts International

Author :
ISBN : STANFORD:36105011676520
Genre : Humanities
File Size : 39. 73 MB
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Subject Guide To Books In Print

Author :
ISBN : STANFORD:36105025888517
Genre : American literature
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Bowker S Law Books And Serials In Print

Author :
ISBN : IND:30000039776053
Genre : Law
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Criminal Policy In Transition

Author : Penny Green
ISBN : 9781841131887
Genre : Law
File Size : 48. 80 MB
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Small Press Record Of Books In Print

Author : Len Fulton
ISBN : NWU:35556022467179
Genre : Books
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