Journal ArticleDOI
The Authority of International Judicial Practice in Domestic Courts
Reads0
Chats0
TLDR
The use of past experience and its meaningful application to new circumstances is a key element to any stability or progress as mentioned in this paper, and it is probably no exaggeration to say that reliance on past decisions is a constant and fundamental feature in almost any orderly decisionmaking process.Abstract:
IT is probably no exaggeration to say that reliance on past decisions is a constant and fundamental feature in almost any orderly decisionmaking process. Whether this is done overtly or without reference to previous determinations of like or similar kind, a decision-maker will invariably find it useful to find out what others before him have thought and decided. Obviously the thoroughness of such an examination of past practice will, apart from purely subjective elements, vary greatly with the significance of the decision to be made and the availability of information. But there can be little doubt that the utilisation of past experience and its meaningful application to new circumstances is a key element to any stability or progress. The great importance attributed to judicial proceedings as a means for conflict settlement and the high degree of publicity that usually goes with it make courts of law particularly susceptible to this pressure for examining the past. Drawing on the experience of previous decisions moreover plays an important role in securing the necessary uniformity and stability of the law as well as contributing to its flexibility where past solutions are considered unsatisfactory or new circumstances call for new remedies. It may therefore seem odd that two of today's leading systems of law-the civil and the common law-have apparently taken such different courses in their treatment of past judicial decisions for the purpose of guiding a court of law in a subsequent case. Taken at their face-value the doctrine of binding precedent and the civil law principle of the judge's subjection only to the letter of the code seem to stand in marked contrast. As soon as one leaves the realmread more
Citations
More filters
Journal ArticleDOI
Judging International Judgments Anew? The Human Rights Courts before Domestic Courts
TL;DR: In this paper, the authors argue that the open and flexible stance many domestic courts take when faced with international judgments is better suited to cope with the complex and plural legal reality than systematically judging anew on matters already decided by the human rights courts.
Journal ArticleDOI
Domestic courts' contribution to the development of international criminal law: some reflections
TL;DR: In this paper, four different approaches, reflecting the position of domestic courts vis a vis the standards and case law of international criminal tribunals, are identified and analysed: strict compliance, antagonism, judicial construction, and casusistry.
Book ChapterDOI
International law in municipal law: law and decisions of international organizations and courts
TL;DR: In this paper, the status and treatment of decisions of international organizations and courts in municipal law are analyzed in the context of municipal law, and the status of these decisions is discussed.
Journal ArticleDOI
The Applicability of Stare Decisis to International Law en English Courts
TL;DR: The question of whether decisions of English courts dealing with points of international law should be regarded as binding precedents has never been authoritatively decided as mentioned in this paper, but it is known that the majority of the English courts accept the existence of a body of rules which nations accept amongst themselves, and, having found it, they will treat it as incorporated into the domestic law, so far as it is not inconsistent with rules enacted by statutes or finally declared by their tribunals.