This book provides a detailed picture of the Swiss Federal Tribunal in transnational judicial communication, namely it clarifies when, how much, how, and why the Swiss Federal Tribunal voluntarily quoted foreign precedents in the adjudication of purely national cases between 2000 and 2023. In this regard, a twofold approach is employed. The first part of the book adopts a theoretical approach and includes a comparative analysis of the practice. Besides delving into its main facets, it analyzes all the Swiss national and legal features which theoretically play as gatekeepers for the use of foreign precedents. The second part of the book takes an empirical approach. Firstly, through a quantitative analysis, it sets out how many times between 2000 and 2023 the Swiss Federal Tribunal voluntarily referenced foreign precedents in its case law. Secondly, through a qualitative analysis of each citation, it clarifies the role they played in the deciding of cases. Thirdly and finally, the work is complemented with semi-structured interviews with the Swiss Federal Tribunal judges. The book will be of interest to academics, researchers, and practitioners working in the areas of comparative law, constitutional law, public law, and legal theory.
eBook - ePub
Transnational Judicial Communication
Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond
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eBook - ePub
Transnational Judicial Communication
Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond
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Information
Subtopic
Comparative LawIndex
LawTable of contents
- Cover
- Endorsements
- Half Title
- Series
- Title
- Copyright
- Contents
- Acknowledgments
- Table of Cases
- General Introduction
- Part 1 The Theoretical Approach
- Part 2 The Empirical Approach
- General Conclusion
- Appendix I
- Appendix II
- Index
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Yes, you can access Transnational Judicial Communication by Micol Ferrario in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over 1.5 million books available in our catalogue for you to explore.