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Transnational Judicial Communication: Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond [Kõva köide]

  • Formaat: Hardback, 240 pages, kõrgus x laius: 234x156 mm, kaal: 640 g, 3 Tables, black and white; 19 Line drawings, black and white; 19 Illustrations, black and white
  • Sari: Routledge Research in Public Law
  • Ilmumisaeg: 29-Dec-2025
  • Kirjastus: Routledge
  • ISBN-10: 1041113641
  • ISBN-13: 9781041113645
Teised raamatud teemal:
  • Formaat: Hardback, 240 pages, kõrgus x laius: 234x156 mm, kaal: 640 g, 3 Tables, black and white; 19 Line drawings, black and white; 19 Illustrations, black and white
  • Sari: Routledge Research in Public Law
  • Ilmumisaeg: 29-Dec-2025
  • Kirjastus: Routledge
  • ISBN-10: 1041113641
  • ISBN-13: 9781041113645
Teised raamatud teemal:

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.



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.

Arvustused

'The citation of foreign precedent offers a window into national legal doctrines and culture. It also raises important normative questions about the boundaries of legal and democratic authority. It thus deserves careful study across all jurisdictions which is exactly what this impressive new book provides for Switzerland. Ambitious in conceptual scope, and meticulous in its attention to empirical detail, the new book announces Micol Ferrario as a major new voice on foreign citation by courts not just in Switzerland, but globally.'

Rosalind Dixon, Professor of Law, University of New South Wales, Australia

'Micol Ferrarios innovative and thorough study on the use of comparative law by the Swiss Federal Tribunal represents an invaluable contribution to comparative studies. Ferrarios book, deeply analyzing the involvement of the Tribunal in transjudicial communication, shades light on a Court that remains largely overlooked.'

Tania Groppi, Professor of Public Law, Università degli Studi di Siena, Italy

'A theoretically sophisticated and empirically rich account of the judicial practice of the Swiss Federal Tribunal with respect to foreign precedents. A very welcome addition to the literature on judicial dialogues that deserves to be widely read.'

Maartje de Visser, Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore

'Micol Ferrarios book provides rich insights into the conditions for and actual use of foreign precedents at the Swiss Federal Tribunal, based on a multi-method analysis. Its nuanced evaluation and recommendations for legal training make this a very valuable addition to the field of judicial studies.'

Elaine Mak, Professor of Jurisprudence and Dean of the Faculty of Law, Economics and Governance, Utrecht University, Netherlands

'Micol Ferrarios book is a groundbreaking and meticulously researched study, offering an unparalleled insight into the Swiss Federal Tribunals engagement with foreign precedents, blending theoretical analysis with rich empirical data and first-hand judicial perspectives.'

Regina Kiener, Professor of Public Law at the University of Zurich, Member of the Venice Commission

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 (20002023);
9. The Use of Foreign
Case Law by the Swiss Federal Tribunal: A Qualitative Analysis of Data
(20002023);
10. The Use of Foreign Case Law by the Judges of the Swiss
Federal Tribunal: Evidence from Interviews; General Conclusion; Appendix I;
Appendix II
Micol Ferrario is a postdoctoral researcher in comparative law, Università di Torino, Italy.