NEW AS PAPERBACK
Judicial Decision-Making in a Globalised World
A Comparative Analysis of the Changing Practices of Western Highest Courts
Elaine Mak
Reviews
‘...the
reviewers strongly suggest the reading of this brilliant book which has all the
qualities for becoming a "must-read" for...scholars and
practitioners,It is a very meticulous and welcome, but specialized, addition to
the globalization of law literature...’
Suzanne
Comtois and Mauro Zamboni, Canadian Journal of Administrative Law and
Practice
‘…the
virtues of this book are many…[it] contributes importantly to what I hope will
be a growing field of “trans-Atlantic” studies.,Mak’s comparative study offers
a significant contribution to the scholarship on the use of foreign legal
materials in legal developments. The close scrutiny of the inner workings of
the highest courts also make it a welcome addition to the field of comparative
judicial studies. The book certainly merits attention from both lawyers and
political scientists.’
Martin
Shapiro, Law and Politics Book Review
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.
Elaine Mak is Professor of Empirical
Study of Public Law, in particular of Rule-of-Law Institutions, at the Erasmus
University Rotterdam.
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