Courts and Comparative Law

by Andenas, Mads; Fairgrieve, Duncan

• ISBN13: 9780198735335
• ISBN10: 0198735332
• Format: Hardcover
• Copyright: 2015-09-23
• Publisher: Oxford University Press

Author Biography

Mads Andenas, Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, London, and Visiting Fellow at the Institute of European and Comparative Law, Oxford,Duncan Fairgrieve, Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associe at Universite Paris Dauphine

Mads Andenas is Professor at the University of Oslo, Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London, and Visiting Fellow at the Institute of European and Comparative Law, University of Oxford. He is the UN Special Rapporteur on Arbitrary Detention and the chair of the UN Working Group on Arbitrary Detention. He was the Director of the Centre of European Law, King's College, University of London, between 1992 and 1999 and the Director of the British Institute of International and Comparative Law between 1999 and 2005.


Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associe at Universite de Paris Dauphine. He holds degrees from Oxford, London, and Paris. He has published widely in the field of comparative law in English and French. He practices as an avocat at the Paris Bar and as a Barrister at One Crown Office Row, London.

Table of Contents

1. Introduction - Courts and Comparative Law: In Search of Common Language for Open Legal Systems, Mads Andenas and Duncan Fairgrieve
Part I: Conflicts and Comparisons
2. Is it Legitimate and Beneficial for Judges to Use Comparative Law?, Thomas Kadner Graziano
3. Comparative Law and the Courts: What is Comparative and What is Law?, Geoffrey Samuel
4. Foreign Law before the French Courts: The Conflicts of Law Perspective, Benedicte Fauvarque-Cosson
5. Foreign Law in National Courts: A Common Law Perspective, Richard Fentiman
6. Foreign Law in International Legal Practice, Guido Alpa
Part II: Comparative Law Within a European and International Law Context
7. Common Ground: A Starting Point or Destination for Comparative Law Analysis by the European Court of Human Rights?, Paul Mahoney and Rachael Kondak
8. Comparative Law and the Court of Justice of the European Union: Interlocking Legal Orders Revisted, Koen Lenaerts and Kathleen Gutman
9. National Judges and Strasbourg Case Law: Comparative Reflections About the Italian Experience, Ermanno Calzolaio
10. Comparative Law and the European Union Civil Service Tribunal, Haris Tagaras
11. Networks, Dialogue, or One-Way Traffic? An Empirical Analysis of Cross-Citations Between Ten of Europe's Highest Courts, Martin Gelter and Mathias Siems
12. Comparative Law and the Method of Law: Ascertainment of the International Court of Justice, Eirik Bjorge
Part III: Comparative Law Before Administrative Courts
13. Comparative Law as an Essential Feature of French Public Law, Olivier Dutheillet de Lamothe
14. Comparative Legal Methodology of the Conseil d'Etat: Towards an Innovative Judicial Process?, Aurelie Bretonneau, Samuel Dahan, Duncan Fairgrieve
15. The Use of Comparative Law Before the French Administrative Law Courts: Or the Triumph of Castles Over Pyramids, Francois Lichere
16. The Use of Comparative Law Before the Italian Public Law Courts, Aldo Sandulli
17. Cooperation of Constitutional Courts in Europe - The Openness of the German Constitution to International, European, and Comparative Constitutional Law, Peter M. Huber and Andreas L. Paulus
18. Judicial Dialogue in a Multilevel Constitutional Network: The Role of the Portuguese Constitutional Court, Ana Maria Guerra Martins and Miguel Prata Roque
19. Judges and Professors: the Influence of Foreign Scholarship on Constitutional Courts' Decisions, Lucio Pegoraro
20. South Africa: Teaching an 'Old Dog' New Tricks? An Empirical Study of the Use of Foreign Precedents by the South African Constitutional Court (1995-2010), Christa Rautenbach
21. Enhancing Constitutional Self-Understanding through Comparative Law: An Empirical Study of the Use of Foreign Case Law by the Supreme Court of Canada (1982-2013), Gianluca Gentili
22. Comparative Law Before the Supreme Courts of the UK and the Netherlands: An Empirical and Comparative Analysis, Elaine Mak
23. Constructing the 'Foreign': American Law's Relationship to Non-Domestic Sources, Judith Resnik
24. The Use of Comparative Law Before the French Private Law Courts, Guy Canivet
25. The Use of Comparative Law Before the French Cour de Cassation : The View From Academia, Alexis Albarian
26. Italian Courts and Comparative Law, Annalisa Aschieri
27. The Controversial Status of International and Comparative Law in the United States, Martha Minow
28. Foreign Law and the Modern Ius Gentium, Jeremy Waldron
29. Comparative Law Before the Spanish Private Law Courts in the XXI Century, Marta Requejo Isidro and Marta Otero Crespo
30. Comparative Legal Reasoning and the Courts: A View from the Americas, H. Patrick Glenn
31. Comparative Law in the German Courts, Hannes Unberath and Astrid Stadler
32. Comparative Law in the Syariah Courts: A Case Study of Singapore, Malaysia, and Brunei, Kerstin Steiner
Part VI: Using Comparative Law: Case Studies
33. Liaison Magistrates: Their Role in International Judicial Cooperation and Comparative Law, Bernard Rabatel and Olivier Deparis
34. Comparative Law in Consumer Litigation, Geraint Howells and Jonathon Watson
35. The Use of Comparative Law by Courts in Birth-Related Tort Cases, Romain M. Lorentz
36. The Use of Comparative Law in A & Others v National Blood Authority, His Honour Judge Michael Brooke QC and Ian Forrester Q.C
37. What Europeans Can Learn from an Untold Story of Transjudicial Communication: The Swiss-Turkish Experience, Erdem Buyuksagis
38. DCFR in the Courts: The Remaking of Comparative Law, Galateia Kalouta