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Thursday, July 30, 2020 | History

4 edition of The use of comparative law by courts found in the catalog.

The use of comparative law by courts

XIVe Congrès international de droit comparé, Athènes = XIVth International Congress of Comparative Law, Athens : 1997

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  • 11 Currently reading

Published by Kluwer Law International in The Hague, Boston .
Written in English

    Subjects:
  • Judicial process -- Congresses.,
  • Comparative law -- Congresses.

  • Edition Notes

    Statementedited by Ulrich Drobnig and Sjef van Erp.
    GenreCongresses.
    ContributionsDrobnig, Ulrich., Erp, J. H. M. van., International Academy of Comparative Law., International Congress of Comparative Law (14th : 1994 : Athens, Greece)
    Classifications
    LC ClassificationsK2300 .A55 1999
    The Physical Object
    Paginationix, 341 p. ;
    Number of Pages341
    ID Numbers
    Open LibraryOL372665M
    ISBN 109041110445
    LC Control Number98034311

    See Ulrich Drobnig, The Use of Comparative Law by Courts, in THE USE OF COMPARATIVE LAW BY COURTS 17–19 (Ulrich Drobnig & Sjef van Erp eds., ) (showing that the courts use both foreign rules and the information about effects of the rules, but discuss-ing the weight of comparative arguments based only on the rules). Cited by: 9. ] COMPARATIVE CONSTITUTIONAL LAW capital punishment and deterrence,11 or of social welfare rights, effective levels of social spending, and social well being Having noted some of this book’s many contributions, I now want to reflectFile Size: KB.

    This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making. Written by three nationally recognized experts in the field, Criminal Courts: A Contemporary Perspective explores all the fundamental topics (court structure, courtroom actors, and the trial and appeals process) as well as other ground-breaking topics, such as specialty courts and comparative court bestseller provides students with a foundation for understanding key concepts by.

    The purpose of this book, INTRODUCTION TO COMPARATIVE LAW THEORY AND METHOD, is to provide a roadmap for students and scholars for the methodology of comparative law. The content is evidently drawn from the experience of the author, Geoffrey Samuel, teaching the issues of methodology and theory of comparative law. Law for Entrepreneurs. This book covers the following topics: Corporate Social Responsibility and Business Ethics, Courts and the Legal Process, Constitutional Law and US Commerce, Introduction to Contract Law, The Agreement, Relationships between Principal and Agent, Liability of Principal and Agent; Termination of Agency, Partnerships.


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The use of comparative law by courts Download PDF EPUB FB2

The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law.

Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the : Hardcover. Levasseur, Alain A., "The Use of Comparative Law by American Courts" ().

Book Sections. by: 1. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law.

Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

The use of comparative law by courts Ulrich Drobnig ; International Congress on Comparative Law (14,Athēnai). This chapter analyses the courts’ use of comparative law.

It argues that the mere citing of foreign material in a judgment, report, or argument does not amount in itself to the use of comparative law by a court.

Much, of course, depends upon what is meant by ‘comparative law’.Author: Geoffrey Samuel. More. Whilst courts previously only made use of comparative law exceptionally, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts.

There is considerable variation between the practice of courts in. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts.

In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts.

Comparative Reasoning in International Courts and Tribunals; the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Author: Daniel Peat.

The Use of Comparative Law by Courts Ulrich Drobnig 3 I. Introduction 3 n. Necessary and Voluntary Recourses to Foreign Law 6 A. Necessary Comparison 6 i. General principles of law 6 ii. Examples from the conflict of laws 8 B.

Legal Rules with an International Element 8 i. Uniform international rules 8 ii. European Community law 10 iii. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes.

The text was written with three key aims: to explain the origin and meaning of comparative law; to describe the purposes for which the comparative method of legal study can be utilised; and to estimate the value of comparative law as an instrument for the growth and development of the law.

Tables of cases and statutes are included. This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative by: Historical development of comparative law.

The expression comparative law is a modern one, first used in the 19th century when it became clear that the comparison of legal institutions deserved a systematic approach, in order to increase understanding of foreign cultures and to further legal progress.

From early times, however, certain scholars and researchers have made use of the comparative. Books shelved as comparative-law: The Oxford Handbook of Comparative Law by Mathias Reimann, Land Grabs in Asia: What Role for the Law.

by Connie Carter. Get this book in print Article Australian Basic Law bill of rights Bosnia and Herzegovina Canada Canadian Charter citizens citizenship clause common law comparative constitutional law Comparative Law conflict consti constitutional amendment Constitutional Court constitutional design constitutional law constitutional review courts.

The book illustrates the different types of law and justice systems while exploring the historical, political, economic, social, and cultural influences on each system. It examines important. In concluding this section, Hirschl asserts that “Alongside other new horizons of comparative inquiry discussed elsewhere in this book, religion law provides what appears to be the most fertile terrain for placing contemporary debates in (comparative) constitutional law in a broader, richer, and more sophisticated context” (p.

The Civil Law and the Common Law: Some Points of Comparison INTRODUCTION The interest of jurists in legal systems other than their own and in comparative law has been a matter of long tradition. At any rate, during the twentieth century and especially from about thirty years ago, there has been an extraordinary growth of this interest.

Now,File Size: 1MB. The Use and Misuse of Comparative Constitutional Law. CHERYL SAUNDERS* ABSTRACT. This article examines the extent and nature of the use offoreign law in constitu-tional adjudication in common law systems outside the United States, with special ref-erence to Australia.

Demonstrating that the courts of other common law jurisdictionsCited by: 2. Abstract. A common view is that national courts should use comparative law so that they can learn from the experience of other states. This view relies on the Condorcet Jury Theorem, according to which if decisions of a majority of states converge, these decisions are likely to be good : Shai Dothan.INT'L ACAD.

OF COMPARATIVE LAW, THE USE OF COMPARATIVE LAW BY COURTS (Ulrich Drobnig & Sjef Van Erp eds., ); ANNE-MARIE SLAUGHTER, A NEW WORLD ORDER (); Giinter Frankenberg, Critical Comparisons Re-thinking Comparative Law, 26 HARV.

INT'L L.J. (); H. Patrick Glenn, Comparative Law and Legal.Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication.

Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains.