Hague Academic Press, a T.M.C. Asser Press imprint
Highest national courts were conceived at the pinnacle of the national court hierarchy, with one of their main tasks being the maintenance of a degree of legal coherency within the national legal system. Very often such courts also have the ability to declare national laws in violation of the constitution or international treaties. The interactions within societies and legal systems have consequences on highest national courts, which also increasingly interact with each other. This book investigates the theoretical and practical implications of these phenomena, offering a unique and unprecedented perspective on the issue of highest courts and globalisation from the world's leading scholars and judges.
Content Level »Research
Keywords »Constitutional law - Legitimacy - Rule of law - international treaties - justice
Introduction: Globalisation and Highest Courts.- Trans-Judicial Dialogue in a Global World.- The Globalisation of the Law and the Work of the Supreme Court of Canada.- The Widening Horizons of Litigation in Britain.- Judicial Co-Operation and Communication in the Context of the Hague Conventions.- Judicial Globalisation: Supreme Court of India.- Accommodating Unity.- Treating Like Cases Alike in the World: The Theoretical Basis of the Demand for Legal Unity.- Justice at a New Scale: Introducing a Conceptual Framework for the Analysis of Highest Courts’ Role in a Globalised Context.- The Inevitable Globalisation of Constitutional Law.- Is the Separation of Powers the Basis for the Legitimacy of an Internationalised Judiciary?.- Going Global to Preserve Domestic Accountability: The New Role of National Courts.