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Vol 21 No 10 Oct/Nov 2016

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Highest Courts and Globalisation

Edited by: Sam Muller, Sidney Richards

ISBN13: 9789067043281
Published: September 2010
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £53.99



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Highest national courts were conceived at the pinnacle of the national court hierarchy, with one of their main tasks being the maintenance of a degree of legal coherency within the national legal system.

Very often such courts also have the ability to declare national laws in violation of the constitution or international treaties. The interactions within societies and legal systems have consequences on highest national courts, which also increasingly interact with each other.

This book investigates the theoretical and practical implications of these phenomena, offering a unique and unprecedented perspective on the issue of highest courts and globalisation from the world's leading scholars and judges.

Subjects:
Public International Law
Contents:
1. Introduction: highest courts and globalisation A. S. Muller and S. W. Richards
Part I. The Practice of Highest Courts and Globalisation
2. Trans-judicial dialogue in a global world G. Canivet
3. The globalisation of the law and the work of the Supreme Court of Canada M. Bastarache
4. The widening horizons of litigation in Britain Lord Bingham of Cornhill
5. Judicial co-operation and communication in the context of the Hague Conventions W. Duncan
6. Judicial globalisation: Supreme Court of India Justice Ajit Prakash Shah
Part II. The Theory of Highest Courts and Globalisation
7. Accommodating unity H. P. Glenn
8. Treating like cases alike in the world: the theoretical basis of the demand for legal unity J. Waldron
9. Justice at a new scale: introducing a conceptual framework for the analysis of highest courts' role in a globalised context E. Mak
10. The inevitable globalisation of constitutional law M. Tushnet
11. Is the separation of powers the basis for the legitimacy of an internationalised judiciary? M. de S.-O.-l'E. Lasser
12. Going global to preserve domestic accountability: the new role of national courts E. Benvenisti and G. W. Downs.