Judicial Decision-Making in a Globalised World —— A Comparative Analysis of the Changing Practices of Western Highest Courts

----- 司法决策-全球化世界

ISBN: 9781849469876 出版年：2014 页码：292 Elaine Mak Bloomsbury Publishing

1. Introduction: Highest Courts in Flux I. The Trend of Judicial Internationalisation II. Why Do Judges Cite Foreign Law? III. Learning from the Views of Judges IV. Scope of the Research V. Outline of the Book 2. Understanding the Development of Highest Courts' Practices: A Constitutional-Theoretical Approach I. Constitutional Theory and Legal Evolution II. Procedural Aspects of Legal Evolution III. Substantive Aspects of Legal Evolution IV. Conclusion 3. Introducing the Comparative and Empirical Analysis I. Anglo-Saxon Model: A Single Highest Court (United Kingdom, Canada, United States) II. French Model: Multiple Highest Courts (France, the Netherlands) III. Comparing the Courts IV. An Empirical Analysis V. Conclusion 4. Incorporating the Transnational: Judicial Roles, Relations and Working Methods in a Globalised World I. Judicial Roles in a Globalised World II. International Relations of the Highest Courts III. Working Methods in a Globalised World IV. Conclusion 5. The Use of Foreign Law in Judicial Decision-Making I. Status of Foreign Law II. Use of Foreign Law: Examples from Case Law III. Justification of Developed Practices IV. Conclusion 6. Conclusion: Assessing the Development of Highest Courts' Practices I. Constitutional (In-)Flexibility in Action: Procedural and Substantive Explanations for the Development of Highest Courts' Practices II. Epilogue: The Future of Judicial Internationalisation