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In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
This book investigates the extent and nature of foreign legal precedent cited by constitutional courts worldwide. The International Association of Constitutional Law established a dedicated Interest Group to conduct a comprehensive survey on this topic, aiming to empirically analyze both quantitative and qualitative indicators of transjudicial communication. The research seeks to assess the reliability of existing studies on this phenomenon and explore the potential for progressive constitutional convergence between common law and civil law traditions. By including studies from scholars across diverse global regions and legal systems, the work provides significant evidence regarding transnational constitutional communication between courts.
This work presents the findings of a significant international survey on the use of foreign precedents by constitutional judges, offering empirical data on transjudicial communication. The inclusion of studies from a wide array of global jurisdictions and legal traditions provides a comprehensive overview of current practices. The research aims to shed light on the extent of constitutional convergence across different legal systems. The findings are published here for the first time, offering the best evidence to date on this subject.
Page Count:
431
Publication Date:
2012-01-01
ISBN-10:
1849462712
ISBN-13:
9781849462716
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