Comparative Law Before the Courts - Hardcover

Hardcover

ISBN 10: 0903067625 ISBN 13: 9780903067621

Publisher: British Institute of International & Comparative Law, 2004

Synopsis

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. This book brings together a collection of essays by distinguished jurists from the judiciary and academia to examine the use of comparative law by national and international courts. Authoritative contributions offer theoretical and practical perspectives from both common law and civil law jurisdictions.

About this title

Synopsis

Comparative law is increasingly recognized as an essential reference point for judicial decision-making. The English courts have long been open to considering how legal problems are solved in other jurisdictions and there have been parallel developments across the Channel. Comparative law is gaining in utility and relevance in the decisions of the courts. This book is thus extremely timely, bringing together a collection of essays by distinguished jurists from the judiciary and academia, and providing an important contribution to analysis of this topic. Contributors focus on a variety of European jurisdictions, but also look at North America and South Africa. Authoritative contributions cover both common law and common law jurisdictions from the viewpoint of both practitioners and theorists. Contributors include Lord Goff of Chieveley, Mr Justice Burton, Monsieur le Premier President Guy Canivet, Judge Jean-Paul Costa, Monsieur le Conseiller Olivier Dutheillet de Lamothe, Judge Koen Lenaerts, Roger Errera, Professor Guido Alpa, and Judge Joaquin Martin Canivell. The first part of the book deals with the problems and possibilities of comparative law in national courts.

Discussion ranges from the problems of proof of foreign law in national courts to legal borrowings and institutional mechanisms for international judicial co-operation in national courts. Part II, on European Law, contains a range of chapters exploring in a number of dimensions the suggestion that an intensification of comparative law methodology in the courts might be attributable to the growth and impact of European supra-national law. Part III takes the argument into the field of administrative law, an area which has traditionally been relatively impervious to comparative cross-fertilisation between European states, and finally Part IV covers a widely diverse set of topics in the field of general and mainly private law.

About the Author

Guy Canivet Guy Canivet is Premier Président of the Cour de cassation, France Mads Andenas Mads Andenas is former Director of the British Institute of International and Comparative Law Duncan Fairgrieve Duncan Fairgrieve is Fellow in Comparative Law and Director of the Tort Law Centre, British Institute of International and Comparative Law; Maitre de Conferences at the Institut d'Etudes Politiques, Paris, and Avocat au Barreau de Paris

Edition details

• Publisher: British Institute of International & Comparative Law
• Publication date: 2004
• Language: English
• ISBN 10: 0903067625
• ISBN 13: 9780903067621
• Binding: Hardcover
• Number of pages: 359
• Editor: Canivet Guy, Andenas Mads, Fairgrieve Duncan