Comparative Reasoning in European Supreme Courts

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Sommario

• Introduction


• 1: The Debate on Comparative Reasoning by Courts


• 2: Foreign Law in Courts: A Typology


• 3: Factors Influencing the Use of Comparative Argument by Courts


• 4: Prologue: The Method and its Pitfalls


• 5: England and Wales


• 6: France


• 7: Germany


• 8: Czech Republic


• 9: Slovakia


• 10: An Empirical Epilogue: Quantity, Quality and Beyond


• 11: Comparative Reasoning by Courts: the Theoretical Playing Field


• 12: On Authority, Citation, and Silence


• 13: Comparative Reasoning by Courts: Some Classical Points Revisited


• 14: The Deviations: Political Over- and Non-comparisons


• Conclusions

Info autore

Michal Bobek is Professor of European Law at the College of Europe. Formerly Anglo-German Fellow at the Institute of European and Comparative Law, University of Oxford, he remains associated with the Institute. He qualified as judge in the Czech Republic and worked as legal secretary to the President of the Supreme Administrative Court, where he also headed the Research and Documentation Department of the Court.

Riassunto

When and why do judges use inspiration from other systems in solving cases in national law? This book examines the frequency and the genuine practice of cross-border judicial dialogue in contemporary Europe. It evaluates these findings and asks what they mean for our understanding of judicial reasoning and judicial function today.

Testo aggiuntivo

This book offers a significant contribution to both the jurisprudence of legal reasoning and to the study of the role of comparative law in legal development. The analysis is sophisticated ... It merits careful study by those engaged in the practice of undertaking and using comparative law.

Dettagli sul prodotto

• Autori: Michal Bobek, Michal (Professor of European Law Bobek, Bobek Michal
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 08.08.2013
• EAN: 9780199680382
• ISBN: 978-0-19-968038-2
• Pagine: 320
• Categorie: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; POLITICAL SCIENCE / Constitutions, POLITICAL SCIENCE / International Relations / General, LAW / Constitutional, LAW / Comparative, comparative law, EU (European Union), International institutions, Constitution: government & the state, EU & European institutions, Constitution: government and the state, Constitutional & administrative law, Constitutional and administrative law: general