Judicial decision-making in a globalised world

a comparative analysis of the changing practices of Western Highest Courts

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 ...

The Right to freedom of assembly

a comparative study

In legal decisions and commentary, freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance. But despite this rhetoric assemblies are subject to extensive regulation, such as prior restraints, and restrictions on the time, place ...

The use of foreign Precedents by Constitutional Judges

n 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine ...

Constitutionalising secession

Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a ...

Judicial decision-making in a globalised world

a comparative snalysis of the changing practices of Western Highest Courts

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 ...

Israeli constitutional Law in the making

In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on ...

Use of foreign precedents by constitutional judges

In 2007, the International Association of Constitutional Law established an "Interest Group on the Use of Foreign Precedents by Constitutional Judges" to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. The purpose of the survey ...