Judicial Recourse to Foreign Law

A New Source of Inspiration?

Basil Markesinis, Jorg Fedtke

• Publisher: Routledge-Cavendish
• Year: 2012
• Print ISBN: 9781844721597
• eBook ISBN: 9781135848033
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe.

In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book:

• examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas
• raises and addresses the dangers that accompany comparative law and judicial creativity
• looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice.

Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

Table of contents

• Cover Page
• Half Title page
• Frontmatter
• Title Page
• Copyright Page
• Contents
• Preface
• Special Acknowledgements
• Table of Cases
• Setting the Scene
• A Quick Glance at Seven Jurisdictions
• When Should Such Dialogue Take Place?
• Dangers and Obstacles in the Use of Foreign Law
• Mental Disposition as a Factor Impeding Recourse to Foreign Law1
• Conclusions
• Constitutional Comparativism in South Africa A Response to Sir Basil Markesinis and Dr Jörg Fedtke
• Comparison in Public Law
• The Constitutional Judge and the International Constitutionalist Dialogue*
• The Practice of Comparative Law by the Supreme Courts Brief Reflections on the Dialogue Between the Judges in French and European Experience1
• Comparative Law in Constitutional Adjudication The South African Experience
• The European Judge as Comparatist
• The Judge as Comparatist
• Postscript
• List of Contributors
• Bibliography
• Name Index
• Subject Index