
Published online:
26 September 2013
Published in print:
08 August 2013
Online ISBN:
9780191760280
Print ISBN:
9780199680382
Contents
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1. The Doctrine 1. The Doctrine
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1.1. Precedent 1.1. Precedent
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1.2. Statutory Interpretation 1.2. Statutory Interpretation
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1.3. An Axiomatically Open System 1.3. An Axiomatically Open System
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2. Judicial Views 2. Judicial Views
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2.1. The Judicial Forum 2.1. The Judicial Forum
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2.2. Extra-judicial Fora 2.2. Extra-judicial Fora
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3. The Practice 3. The Practice
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3.1. The Common Law and the Rest of the World Gap 3.1. The Common Law and the Rest of the World Gap
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3.2. A Glance at the Appellate Committee of the House of Lords in 2009 3.2. A Glance at the Appellate Committee of the House of Lords in 2009
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3.3. The Supreme Court of the United Kingdom 3.3. The Supreme Court of the United Kingdom
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4. An Evaluation: A Real Change or Just a Change in Taxonomy? 4. An Evaluation: A Real Change or Just a Change in Taxonomy?
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4.1. The Unity of the Common Law—from Appeals to Coordination 4.1. The Unity of the Common Law—from Appeals to Coordination
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4.2. With Whom to Compare? 4.2. With Whom to Compare?
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4.3. The Voluntary Commonwealth and the Compulsory Europe 4.3. The Voluntary Commonwealth and the Compulsory Europe
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Cite
Bobek, Michal, 'England and Wales', Comparative Reasoning in European Supreme Courts (Oxford , 2013; online edn, Oxford Academic, 26 Sept. 2013), https://doi.org/10.1093/acprof:oso/9780199680382.003.0006, accessed 28 Apr. 2025.
Abstract
In this chapter, the theory and the practice of comparative reasoning in the English courts is examined. In spite of the English system being for a number of reasons ideally placed to receive comparative inspiration from abroad, there is little evidence of direct judicial foreign inspiration being drawn, with one notable exception: the inspiration obtained from other (selected few) common law countries. The question then becomes how to classify such intra-common law referencing: is it extra-systemic, comparative reasoning at all?
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