Pamela Martino

Il dialogo giurisprudenziale, l'indipendenza delle Corti e la funzione democratica della motivazione giudiziale: il caso britannico

  • Abstract

Informations and abstract

Keywords: Cross-fertilization; Common Law; UK Supreme Court; Judgment Writing; Democratic Legitimacy.

The article looks at the use of comparative law by the judges in the Supreme Court, the new highest court in the land in the United Kingdom. The use of comparative law in uk is familiar. Foreign judgments have been used before, by the Law Lords, as a comparative aid to the interpretation of English law: the Commonwealth's past means that British judges are more accustomed to the use of comparative law than other jurisdictions. The British incorporation of the echr into the national law by the Human Rights Act 1998 developed a transjudicial dialogue on human rights which has provoked a long debate on the relations between the uk Supreme Court, foreign courts and the supranational courts and a deep reflections on their effects on the British constitutional system.

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