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9781844721597

Judicial Recourse to Foreign Law A New Soruce of Inspiration?

Judicial Recourse to Foreign Law A New Soruce of Inspiration?
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  • ISBN-13: 9781844721597
  • ISBN: 1844721590
  • Edition: 1
  • Publication Date: 2006
  • Publisher: Taylor & Francis Group

AUTHOR

Markesinis, Basil, Fedtke, Jorg

SUMMARY

Judicial Recourse to Foreign Law explores where, how and why foreign law can be put into practical use by a receiving system. An exchange of ideas is not just desirable but essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to public law, as constitution building has to be 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. For the first time, Judicial Recourse to Foreign Law includes private and public law in the discussion about access to foreign laws. It examines the hitherto unexplored theme of judicial mentality and how this can help or hinder recourse to foreign ideas. The text raises and addresses the dangers that accompany comparative law, as well as those attributed to judicial creativity, by looking at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and, briefly, at the European Court of Justice. Ideal for practitioners and academics, Judicial Recourse to Foreign Law incorporates commentaries by leading judges in the field: Laurie Ackermann (former Justice of the Constitutional Court of South Africa), Aharon Barak (President of the Supreme Court of Israel), Brun-Otto Bryde (Justice of the German Federal Constitutional Court), Guy Canivet (First President of the French Cour de cassation), Sir Sydney Kentridge, KCMG, QC (former Justice of the Constitutional Court of South Africa), Christof Rozakis (Vice President, European Court of Human Rights), and Konrad Schiemann (Justice of the European Court of Justice). Clearly structured and accessible, the text places the subject in its legal setting and the background of local and international political debates.Markesinis, Basil is the author of 'Judicial Recourse to Foreign Law A New Soruce of Inspiration?', published 2006 under ISBN 9781844721597 and ISBN 1844721590.

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