Overview

This book provides a detailed picture of the Swiss Federal Tribunal in transnational judicial communication, namely it clarifies when, how much, how, and why the Swiss Federal Tribunal voluntarily quoted foreign precedents in the adjudication of purely national cases between 2000 and 2023. In this regard, a twofold approach is employed. The first part of the book adopts a theoretical approach and includes a comparative analysis of the practice. Besides delving into its main facets, it analyzes all the Swiss national and legal features which theoretically play as gatekeepers for the use of foreign precedents. The second part of the book takes an empirical approach. Firstly, through a quantitative analysis, it sets out how many times between 2000 and 2023 the Swiss Federal Tribunal voluntarily referenced foreign precedents in its case law. Secondly, through a qualitative analysis of each citation, it clarifies the role they played in the deciding of cases. Thirdly and finally, the work is complemented with semi-structured interviews with the Swiss Federal Tribunal judges. The book will be of interest to academics, researchers, and practitioners working in the areas of comparative law, constitutional law, public law, and legal theory.

Full Product Details

9781041113645

Table of Contents

Reviews

'The citation of foreign precedent offers a window into national legal doctrines and culture. It also raises important normative questions about the boundaries of legal and democratic authority. It thus deserves careful study across all jurisdictions – which is exactly what this impressive new book provides for Switzerland. Ambitious in conceptual scope, and meticulous in its attention to empirical detail, the new book announces Micol Ferrario as a major new voice on foreign citation by courts – not just in Switzerland, but globally.' Rosalind Dixon, Professor of Law, University of New South Wales, Australia 'Micol Ferrario’s innovative and thorough study on the use of comparative law by the Swiss Federal Tribunal represents an invaluable contribution to comparative studies. Ferrario’s book, deeply analyzing the involvement of the Tribunal in transjudicial communication, shades light on a Court that remains largely overlooked.' Tania Groppi, Professor of Public Law, Università degli Studi di Siena, Italy 'A theoretically sophisticated and empirically rich account of the judicial practice of the Swiss Federal Tribunal with respect to foreign precedents. A very welcome addition to the literature on judicial dialogues that deserves to be widely read.' Maartje de Visser, Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore 'Micol Ferrario’s book provides rich insights into the conditions for and actual use of foreign precedents at the Swiss Federal Tribunal, based on a multi-method analysis. Its nuanced evaluation and recommendations for legal training make this a very valuable addition to the field of judicial studies.' Elaine Mak, Professor of Jurisprudence and Dean of the Faculty of Law, Economics and Governance, Utrecht University, Netherlands 'Micol Ferrario’s book is a groundbreaking and meticulously researched study, offering an unparalleled insight into the Swiss Federal Tribunal’s engagement with foreign precedents, blending theoretical analysis with rich empirical data and first-hand judicial perspectives.' Regina Kiener, Professor of Public Law at the University of Zurich, Member of the Venice Commission

Author Information

Micol Ferrario is a postdoctoral researcher in comparative law, Università di Torino, Italy.

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