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Courts and Comparative Law

Mads Andenas and Duncan Fairgrieve

Abstract

Whilst courts previously only made use of comparative law exceptionally, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practice of courts in this field, and methods also remain controversial. In the US, the issue has been one of public debate, and it is still one of the major dividing issues in the discussion about the role of the courts. This book offers a detailed analysis of the relevant law and jurisprudence in this area which will have a practical impact. High-profile and autho ... More

Keywords: comparative law, courts, jurisprudence, role of courts, supreme courts, constitutional courts, practice of courts, public debate

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198735335
Published to Oxford Scholarship Online: October 2015 DOI:10.1093/acprof:oso/9780198735335.001.0001

Authors

Affiliations are at time of print publication.

Mads Andenas, editor
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, editor
Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professeur Associé at Université Paris Dauphine

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Contents

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Part I Courts and Comparative Law

1 Courts and Comparative Law

Mads Andenas* and Duncan Fairgrieve**

Part II Conflicts and Comparisons

4 Foreign Law before the French Courts

Bénédicte Fauvarque-Cosson*

Part III Comparative Law within a European and International Law Context

7 Common Ground

Paul Mahoney* and Rachael Kondak**

11 Networks, Dialogue or One-Way Traffic?

Martin Gelter* and Mathias Siems**

Part IV Comparative Law before Administrative Courts

14 Comparative Legal Methodology of the Conseil d’Etat

Aurélie Bretonneau,* Samuel Dahan,** and Duncan Fairgrieve***

15 The Use of Comparative Law before the French Administrative Law Courts

François Lichère* In memoriam Roger Errera**

Part V Constitutional Courts As Users of Comparative Law

17 Cooperation of Constitutional Courts in Europe

Peter M. Huber and Andreas L. Paulus*

18 Judicial Dialogue in a Multilevel Constitutional Network

Ana Maria Guerra Martins* and Miguel Prata Roque**

19 Judges and Professors

Lucio Pegoraro*

Part VI Comparative Law Before General Courts

31 Comparative Law in the German Courts

Hannes Unberath and Astrid Stadler*

Part VII Using Comparative Law: Case Studies

33 ‘Liaison Magistrates’

Bernard Rabatel* and Olivier Deparis**

34 Comparative Law in Consumer Litigation

Geraint Howells* and Jonathon Watson**

36 The Use of Comparative Law in A & Others v National Blood Authority

His Honour Judge Michael Brooke QC* and Ian Forrester QC**

End Matter