The objective of this article is to assess the influence of the Supreme Court of Canada decisions since 1982 on court decisions in other liberal democracies. It touches on a very productive area of studies, particularly in recent years, focused on the influence of comparative law (or, shall one say, foreign law) on court decisions, that is the main feature of the “new comparativism.” The essay is composed of three parts. Part I provides some methodological remarks, necessary to define the research area, as well as to identify the indicators of judicial influence. Part II illustrates the first results, which show evidence of the appeal of Canadian jurisprudence. Finally, Part III explores some of the reasons for this attractiveness. The Article shows the influence of Canadian jurisprudence. This becomes even more obvious in comparison with the influence exercised by other courts, and in particular, with the declining influence of the United States Supreme Court. It is not incorrect to argue that, with regard to rights and freedoms, the Canadian Supreme Court is presently one of the most influential courts in the world.
Groppi, T. (2007). A User-friendly Court. The Influence of Supreme Court of Canada Decisions Since 1982 on Court Decisions in Other Liberal Democracies. THE SUPREME COURT LAW REVIEW, 26, 1-32.
A User-friendly Court. The Influence of Supreme Court of Canada Decisions Since 1982 on Court Decisions in Other Liberal Democracies
GROPPI, TANIA
2007-01-01
Abstract
The objective of this article is to assess the influence of the Supreme Court of Canada decisions since 1982 on court decisions in other liberal democracies. It touches on a very productive area of studies, particularly in recent years, focused on the influence of comparative law (or, shall one say, foreign law) on court decisions, that is the main feature of the “new comparativism.” The essay is composed of three parts. Part I provides some methodological remarks, necessary to define the research area, as well as to identify the indicators of judicial influence. Part II illustrates the first results, which show evidence of the appeal of Canadian jurisprudence. Finally, Part III explores some of the reasons for this attractiveness. The Article shows the influence of Canadian jurisprudence. This becomes even more obvious in comparison with the influence exercised by other courts, and in particular, with the declining influence of the United States Supreme Court. It is not incorrect to argue that, with regard to rights and freedoms, the Canadian Supreme Court is presently one of the most influential courts in the world.File | Dimensione | Formato | |
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