Legal Comparison Within the Case Law of the Supreme Court of the United States of America

In: Judicial Cosmopolitanism
Author:
Giuseppe Franco Ferrari
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Type:
Chapter
Pages:
94–139
DOI:
https://doi.org/10.1163/9789004297593_005

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Judicial Cosmopolitanism

The Use of Foreign Law in Contemporary Constitutional Systems

Cover Judicial Cosmopolitanism
E-Book ISBN:
9789004297593
Publisher:
Brill | Nijhoff
Print Publication Date:
09 Sep 2019
Front Matter
Introduction: Judicial Constitutional Comparison and Its Varieties
Part 1 Common Law Countries
Part 2 Continental Europe
Comparative Law and the French Constitutional Council
Comparative Reasoning in Constitutional Litigation: Functions, Methods and Selected Case Law of the German Federal Constitutional Court
Comparative Law in the Case Law of the Austrian Constitutional Court
Conspicuous Absentees in the Dutch Legal Order: Constitutional Review & A Constitutional Court
The Constitutional Court of Belgium and the Use of the Comparative Argument. From the Dialogue with the “Sister Courts” to the Dialogue with the European Courts
The Spanish Constitutional Court and Foreign and Comparative Law: Theory and Practice of a Marriage of Convenience
The Use of Comparison in the Swiss Federal Tribunal Case Law
Is There a Middle Ground between Constitutional Patriotism and Constitutional Cosmopolitanism? The Portuguese Constitutional Court and the Use of Foreign (Case) Law
The Italian Constitutional Court
Part 3 Northern Europe
Part 4 Eastern Europe
The Russian Constitutional Court and the Judicial Use of Comparative Law: A Problematic Relationship
Comparative Analysis in the Case Law of the Constitutional Tribunal of Poland
The Use of Foreign Legal Materials by the Constitutional Court of the Czech Republic
Use of Foreign Law in the Practice of the Hungarian Constitutional Court – With Special Regard to the Period between 2012 and 2016
Constitutional Adjudication and Comparative Law in the Republic of Croatia
The Use of Foreign and Comparative Law by the Constitutional Court and the High Court of Cassation of Romania
The Use of Comparative and International Law by the Constitutional Court of Bosnia and Herzegovina
National Courts and Comparative Law – The States of Former Yugoslavia (Slovenia, Croatia, Serbia, Bosnia-Herzegovina, Macedonia and Montenegro)
Part 5 Asia
Part 6 Latin America
Part 7 Israel
Back Matter

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