Why do judges study legal sources which originated outside their own
national legal system, and how do they use arguments from these sources
in deciding domestic cases? Based on interviews with judges, this book presents
the inside story of how judges engage with international and comparative
law in the highest courts of the United Kingdom, Canada, the United
States, France and the Netherlands. A comparative analysis of the views
and experiences of the judges clarifies how the decision-making of these
Western courts has developed in light of the internationalisation of law
and the increased opportunities for transnational judicial communication.
While the qualitative analysis reveals the motives which judges claim for
using foreign law and the influence of ‘globalist’ and ‘localist’ approaches
to judging, the author also finds suggestions of a convergence of practices
between the courts which are the subject of this study. This empirical analysis
is complemented by a constitutional-theoretical inquiry into the procedural
and substantive factors of legal evolution, which enable or constrain
the development and possible convergence of highest courts’ practices. The
two strands of the analysis are connected in a final contextual reflection on
the future development of the role of Western highest courts.