Judicial Decision-Making in a Globalised World

by Elaine Mak

This is an eBook that you can download electronically.

Why do judges study legal sources that 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 that 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 that 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.
SKU: 9781782255963 Format: EPUB
KES 7,467
International delivery
Free click & collect
When you buy an ebook from TBC, you will be given a code to download your purchase from our ebook partner Snapplify. After you have redeemed the code and associated it with a Snapplify account, you'll need to download the Snapplify Reader to read your ebooks. The free Snapplify Reader app works across iOS, Android, Chrome OS, Windows and macOS; on tablets and mobile devices, as well as on desktop PCs and Apple Macs.

You're currently browsing Text Book Centre's digital books site. To browse our range of physical books as well as a wide selection of stationery, art supplies, electronics and more, visit our main site at textbookcentre.com!

Reviews

This product does not have any reviews yet.

Add your review