Judicial Precedents: Uniformity and Pluralism

Author: Stefaan Voet; Alan Uzelac
Publisher: Hart Publishing
ISBN: 9781509991198
Published In: September 2030
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book considers what kind of binding force judicial decisions (should) hold in modern societies.

It focuses on the two most prominent legal traditions, common law and civil law. It explores the developing trend in civil law countries to expand the influence of judicial precedents, discusses the fundamental issues which arise from this trend, and looks at recent developments in common law countries.

Through this prism, the book looks at the implications of the doctrine of judicial precedents and how it is construed in jurisdictions that recognise it. It investigates the impact of newly recognised legislative or quasi-legislative powers vested in high courts on the doctrine of separation of powers. It considers whether courts in common law and civil law systems share a uniform understanding of precedents.

The book goes on to consider whether these developments are beneficial when it comes to addressing existing challenges or whether they lead to a host of new problems, potentially exacerbating the crisis of judicial legitimacy.

In relation to the hierarchical nature of civil law justice systems, it asks whether binding rulings from higher courts pose a potential threat to substantive judicial independence, limiting the open and pluralistic dialogue between lower and higher courts. It then goes on to reflect whether binding opinions from the highest judicial instances encroach upon the prerogatives of legislative bodies, resulting in the creation of suboptimal laws.

1. Introduction

Stefaan Voet (KU Leuven, Belgium) and Alan Uzelac is (University of Zagreb, Croatia)

2. Potential Perils of Precedent: Reflections on the American Experience

Richard L Marcus (UC Law San Francisco, USA)

3. The Evolution of Precedent in England and Wales in the Light of Digitisation

John Sorabji (University College London, UK)

4. Deciding Once and for All? Past and Present Debates on Procedural Mechanisms of the Supreme Courts in Austria and Germany to Decide More Than the Cases Before Them

Julius Schumann (University of Vienna, Austria)

5. Lights and Shadows of the Polish Supreme Court's Instruments to Ensure Uniformity in Civil Case Law

Piotr Rylski (University of Warsaw, Poland)

6. Introducing the Limited Precedent System in Hungarian Procedural Law

Viktória Harsági (Pázmány Péter Catholic University, Hungary)

7. The “Italian Style” Precedent

Francesca Ferrari (Università degli Studi dell'Insubria, Italy)

8. Rules that Enhance the “Rule” of Persuasive Precedent

João Marques Martins (University of Lisbon, Portugal)

9. Precedential Effects of Judicial Decisions under Slovak Law on Civil Litigation. The Road to Uniformity or Deformity?

Marek Ivanco (Judicial Academy of the Slovak Republic, Slovakia)

10. Methods for Securing the Uniformity of the Law?