Comparative Reasoning in European Supreme Courts: An Introduction

In M Bobek, Comparative Reasoning in European Supreme Courts (Oxford University Press 2013)

21 Pages Posted: 7 Jun 2014 Last revised: 1 Apr 2015

See all articles by Michal Bobek

Michal Bobek

Supreme Administrative Court

Date Written: June 1, 2014

Abstract

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Judges are said to increasingly rely on inspiration from outside of their national legal systems for solving purely domestic cases. This is the introduction to the book “Comparative Reasoning in European Supreme Courts” that puts similar claims to test in relation to highest national jurisdictions, i.e. supreme and constitutional courts, in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both, empirical as well as theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is offered.

Note: The full argument may be accessed at Oxford University Press website.

Suggested Citation

Bobek, Michal, Comparative Reasoning in European Supreme Courts: An Introduction (June 1, 2014). In M Bobek, Comparative Reasoning in European Supreme Courts (Oxford University Press 2013), Available at SSRN: https://ssrn.com/abstract=2446520 or http://dx.doi.org/10.2139/ssrn.2446520

Michal Bobek (Contact Author)

Supreme Administrative Court ( email )

Moravské náměstí 6
Brno, 65740
Czech Republic

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