Article: The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

SSRN has posted an article on the use of foreign law by constitutional and supreme courts. The author looks at the use of foreign law in constitutional law cases by courts in Australia, Austria, Canada, France, South Africa,  and Switzerland. The article is only available in Spanish.

The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

Rodrigo Brito Melgarejo

In Dret, Volume 2 (2010)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639031

http://www.indret.com/pdf/720_es.pdf

Abstract:

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.

Costs and Funding of Civil Litigation: A Comparative Study

Christopher  Hodges, Stefan Vogenauer and Magdalena Tubilacka have published the following article on SSRN:   Costs and Funding of Civil Litigation: A Comparative Study.

Costs and Funding of Civil Litigation: A Comparative Study

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1511714

Countries studied are Australia, Austria, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Scotland, Singapore, Spain, Sweden, Switzerland, Taiwan, USA.  

The Appendices look very interesting

I. Questionnaire 49

II. Contributors to the Comparative Study 53

III. Ranges of Lawyers’ Hourly Rates 55

IV. Case Studies: Minimum costs risk for claimant 58

V. Summaries of amounts of Court Fees and Lawyers’ Fees 73

VI. Success and Contingency Fees 81

VII. Abbreviations 83

Rule of Law Index

The World Justice Forum meeting in Vienna, Austria has just released the Rule of Law Index. The Index uses numerical indicators to gauge the strength of rule of law in 35 countries, including developed and developing countries.

Here are the 4 broad criteria , with sub-categories, used to create the scores  for each country. It includes compliance with international law.

1. Accountable Government

Government powers limited by constitution

Governmental and non‐governmental checks

Accountable government officials and agents

Accountable military, police, and prison officials

Compliance with international law

 

2. Publicized and stable laws that protect fundamental rights

Laws are clear, publicized and stable

Laws protect fundamental rights

Laws protect security of the person

Laws protect security of property

3. Accessible, fair, and efficient process

Accessible process

Fair and efficient administration

 

4. Access to Justice

Impartial and accountable judicial system  

Efficient, accessible and effective judicial system

Competent and independent attorneys or representatives

Fair and efficient alternative dispute resolution

Rule of Law Index 2009

http://www.abajournal.com/files/WJP_RuleOfLawIndex.pdf

JURISTAS – European Court of Human Rights

JURISTAS provides country specific case studies of litigation at the European Court of Human Rights (ECHR) in Strasbourg.  Case studies include Austria, Bulgaria, France , Germany, Greece, Romania, and Turkey. The reports detail litigation by subject and  domestic enforcement of ECHR judgments.

The Strasbourg Court, Democracy and the Human Rights of Individuals and Communities: Patterns of Litigation, State Implementation and Domestic Reform (JURISTRAS)

http://www.juristras.eliamep.gr/