Comparative Reasoning in European Supreme Courts

Hardcover | September 10, 2013

byMichal Bobek

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The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, thejudges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges.This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empiricaland a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its nationaltheoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundationsfor the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

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The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, thejudges are said to engage in cross-border jud...

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...

other books by Michal Bobek

Format:HardcoverDimensions:340 pages, 9.21 × 6.14 × 0.98 inPublished:September 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199680388

ISBN - 13:9780199680382

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Table of Contents

Introduction1. The Debate on Comparative Reasoning by Courts2. Foreign Law in Courts: A Typology3. Factors Influencing the Use of Comparative Law by Courts4. Prologue: The Methodology and its Pitfalls5. England and Wales6. France7. Germany8. Czech Republic9. Slovakia10. Empirical Epilogue11. Comparative Reasoning in Courts: The Theoretical Playing Field12. On Authority, Citation, and Silence13. Comparative Reasoning by Courts: Some Classical Points Revisited14. Deviations: On Political (Non)ComparisonsConclusions