Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Judicial Decision-Making in a Globalised World: A Comparative Analysis of the Changing Practices of Western Highest Courts


ISBN13: 9781849465540
Published: November 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00
Paperback edition , ISBN13 9781849469876



Despatched in 3 to 5 days.

Why do judges study legal sources which originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives which judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts which are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Subjects:
Constitutional and Administrative Law, Comparative Law, General Interest
Contents:
1. Introduction: Highest Courts in Flux
I. The Trend of Judicial Internationalisation
II. Why Do Judges Cite Foreign Law?
III. Learning from the Views of Judges
IV. Scope of the Research
V. Outline of the Book

2. Understanding the Development of Highest Courts' Practices: A Constitutional-Theoretical Approach
I. Constitutional Theory and Legal Evolution
II. Procedural Aspects of Legal Evolution
III. Substantive Aspects of Legal Evolution
IV. Conclusion ;
3. Introducing the Comparative and Empirical Analysis
I. Anglo-Saxon Model: A Single Highest Court (United Kingdom, Canada, United States)
II. French Model: Multiple Highest Courts (France, the Netherlands)
III. Comparing the Courts IV. An Empirical Analysis V. Conclusion

4. Incorporating the Transnational: Judicial Roles, Relations and Working Methods in a Globalised World
I. Judicial Roles in a Globalised World
I. International Relations of the Highest Courts
III. Working Methods in a Globalised World
IV. Conclusion

5. The Use of Foreign Law in Judicial Decision-Making
I. Status of Foreign Law
II. Use of Foreign Law: Examples from Case Law
III. Justification of Developed Practices
IV. Conclusion

6. Conclusion: Assessing the Development of Highest Courts' Practices
I. Constitutional (In-)Flexibility in Action: Procedural and Substantive Explanations for the Development of Highest Courts' Practices
II. Epilogue: The Future of Judicial Internationalisation

Series: Hart Studies in Comparative Public Law

Constitutional Courts, Media and Public Opinion ISBN 9781509953646
To be published June 2025
Hart Publishing
£44.99
Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
Published March 2024
Hart Publishing
£95.00
£85.50
(ePub)
Buy
Constitutional Courts, Media and Public Opinion ISBN 9781509953608
Published November 2023
Hart Publishing
£95.00
Constitutional Courts, Media and Public Opinion (eBook) ISBN 9781509953615
Published November 2023
Hart Publishing
£85.50
(ePub)
Buy
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£32.99
£36.99
The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
Published September 2020
Hart Publishing
£29.69
(ePub)
Buy
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
Published September 2020
Hart Publishing
£85.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
Published June 2020
Hart Publishing
£44.99
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£34.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£39.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£69.99
£44.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£39.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£39.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£44.99
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£130.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£49.49
(ePub)
Buy
£69.99
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£35.09
(ePub)
Buy
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£90.00
£85.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£38.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£40.49
(ePub)
Buy
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£100.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£36.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£90.00
£150.00
£62.99
(ePub)
Buy
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£33.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£39.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£35.99
(ePub)
Buy
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£95.00
£62.99
(ePub)
Buy
£150.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£42.99
£40.49
(ePub)
Buy
£120.00
£35.99
(ePub)
Buy
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£95.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£35.99
(ePub)
Buy
Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£95.00
£35.99
(ePub)
Buy
£95.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£40.49
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£120.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£35.09
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£90.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£35.09
(ePub)
Buy
Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£95.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£33.29
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£90.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£95.00
£30.59
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£35.99
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£100.00
£38.69
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£100.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
Hart Publishing
£59.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published February 2015
Hart Publishing
£53.99
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£39.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£85.50
(ePub)
Buy
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£95.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£144.00
(ePub)
Buy
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£160.00
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£95.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£85.50
(ePub)
Buy