Full Description
This book provides a detailed picture of the Swiss Federal Tribunal (SFT) in transnational judicial communication, namely it clarifies when, how much, how, and why the SFT voluntarily quoted foreign precedents in the adjudication of purely national cases between 2000-2023. In this regard, a twofold approach is employed. The first part of the book adopts a theoretical approach and includes a comparative analysis of the practice. Besides delving into its main facets, it analyzes all the Swiss national and legal features which theoretically play as gatekeepers for the use of foreign precedents. The second part of the book takes an empirical approach. Firstly, through a quantitative analysis, it sets out how many times between 2000-2023 the SFT voluntarily referenced foreign precedents in its case law. Secondly, through a qualitative analysis of each citation, it clarifies the role they played in the deciding of cases. Thirdly and finally, the work is complemented with semi-structured interviews with the SFT Judges. The book will be of interest to academics, researchers, and practitioners working in the areas of Comparative Law, Constitutional Law, Public Law and Legal Theory.
Contents
General Introduction; PART 1: The Theoretical Approach; 1.Transnational Judicial Communication Unpacked: Background and Definition; 2. A Typology of Transnational Judicial Communication; 3. Evaluating Transnational Judicial Communication: Perspectives of Partisans and Opponents; 4. The Swiss Federal Tribunal; 5. Factors Influencing the Use of Foreign Case Law by the Swiss Federal Tribunal: The General Factors; 6. Factors Influencing the Use of Foreign Case Law by the Swiss Federal Tribunal: The Institutional Factors; 7. Sed Quis Custodiet Ipsos Custodes? The Counter-Balancing Factors; PART 2: The Empirical Approach; 8. The Use of Foreign Case Law by the Swiss Federal Tribunal: A Quantitative Analysis of Data (2000-2023); 9. The Use of Foreign Case Law by the Swiss Federal Tribunal: A Qualitative Analysis of Data (2000-2023); 10. The Use of Foreign Case Law by the Judges of the Swiss Federal Tribunal: Evidence from Interviews; General Conclusion; Appendix I; Appendix II
