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Informationen zum Autor Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005. Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London. Klappentext A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process. Zusammenfassung A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process. Inhaltsverzeichnis 1.: Mads Andenas and Duncan Fairgrieve: Introduction - Courts and Comparative Law: In Search of Common Language for Open Legal Systems Part I: Conflicts and Comparisons 2.: Thomas Kadner Graziano: Is it Legitimate and Beneficial for Judges to Use Comparative Law? 3.: Geoffrey Samuel: Comparative Law and the Courts: What is Comparative and What is Law? 4.: Bénédicte Fauvarque-Cosson: Foreign Law before the French Courts: The Conflicts of Law Perspective 5.: Richard Fentiman: Foreign Law in National Courts: A Common Law Perspective 6.: Guido Alpa: Foreign Law in International Legal Practice Part II: Comparative Law Within a European and International Law Context 7.: Paul Mahoney and Rachael Kondak: Common Ground: A Starting Point or Destination for Comparative Law Analysis by the European Court of Human Rights? 8.: Koen Lenaerts and Kathleen Gutman: Comparative Law and the Court of Justice of the European Union: Interlocking Legal Orders Revisted 9.: Ermanno Calzolaio: National Judges and Strasbourg Case Law: Comparative Reflections About the Italian Experience 10.: Haris Tagaras: Comparative Law and the European Union Civil Service Tribunal 11.: Martin Gelter and Mathias Siems: Networks, Dialogue, or One-Way Traffic? An Empirical Analysis of Cross-Citations Between Ten of Europe's Highest Courts 12.: Eirik Bjorge: Comparative Law and the Method of Law: Ascertainment of the International Court of Justice Part III: Comparative Law Before Administrative Courts 13.: Olivier Dutheillet de Lamothe: Comparative Law as an Essential Feature of French Public Law 14.: Aurélie Bretonneau, Samuel Dahan, Duncan Fairgrieve: Comparative Legal Methodology of the Conseil d'Etat: Towards an Innovative Judicial Process? 15.: Francois Lichère: The Use of Comparative Law Before the French Administrative Law Courts: Or the Triumph of Castles Over Pyramids 16.: Aldo Sandulli: The Use of Comparative Law Before the Italian Public Law Courts 17.: Peter M. Huber and Andreas L. Paulus: Cooperation of Constitutional Courts in Europe - The Openness of the German Constitution to International, European, and Comparative Constitutional Law 18.: Ana Maria Guerra Martins and Miguel Prata Roque: Judicial Dialogue in a Multilevel Constitutional Network: The Role of the Portuguese Constitutional Court 19.: Lucio Pegoraro: Judges and Professors: the Influence of Foreign Scholarship on Constitut...
