Comparative law in the House of Lords and Supreme Court

Keith M Stanton

Research output: Contribution to journalArticle (Academic Journal)

Abstract

This article surveys the use made of comparative law by the House of Lords and Supreme Court in tort cases decided in the period 1990-2013. Consideration is given to use of materials from both common law and civil law jurisdictions. The research finds that these courts make a great deal of use of comparative common law (albeit from a limited number of jurisdictions) and that these materials have played a part in a variety of ways in developing the law. In contrast, use of materials from civil law jurisdictions has been at a much lower level and appears to have declined in recent years. The enthusiasm for using civil law sources which certain judges showed in the past has not been continued in more recent years.
Original languageEnglish
Pages (from-to)269-296
Number of pages28
JournalCommon Law World Review
Volume42
Issue number3
DOIs
Publication statusPublished - Sep 2013

Keywords

  • House of Lords/Supreme Court – Judicial Methodology – Uses of comparative Law - Tort

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