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Transnational Judicial Communication: Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond de Micol Ferrario

Transnational Judicial Communication: Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond: Routledge Research in Public Law

Autor Micol Ferrario
en Limba Engleză Hardback – 29 dec 2025
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.
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Specificații

ISBN-13: 9781041113645
ISBN-10: 1041113641
Pagini: 260
Ilustrații: 38
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.64 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in Public Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

General Introduction; PART 1: The Theoretical Approach; 1.Transnational Judicial Communication Unpacked: Background and Definition; 2. A Typology of Transnational Judicial Communication; 3. Evaluating Transnational Judicial Communication: Perspectives of Partisans and Opponents; 4. The Swiss Federal Tribunal; 5. Factors Influencing the Use of Foreign Case Law by the Swiss Federal Tribunal: The General Factors; 6. Factors Influencing the Use of Foreign Case Law by the Swiss Federal Tribunal: The Institutional Factors; 7. Sed Quis Custodiet Ipsos Custodes? The Counter-Balancing Factors; PART 2: The Empirical Approach; 8. The Use of Foreign Case Law by the Swiss Federal Tribunal: A Quantitative Analysis of Data (2000–2023); 9. The Use of Foreign Case Law by the Swiss Federal Tribunal: A Qualitative Analysis of Data (2000–2023); 10. The Use of Foreign Case Law by the Judges of the Swiss Federal Tribunal: Evidence from Interviews; General Conclusion; Appendix I; Appendix II

Recenzii

'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

Notă biografică

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

Descriere

This book provides a detailed picture of the Swiss Federal Tribunal (SFT) in transnational judicial communication, namely it clarifies when, how much, how, and why the SFT voluntarily quoted foreign precedents in the adjudication of purely national cases between 2000-2023.