Citations to Foreign Courts—Illegitimate and Superfluous, or Unavoidable? Evidence from Europe
Bibliographic Data
| ID | 8024416 |
|---|---|
| Authors | Martin Gelter (0000-0003-3429-6586), Mathias Siems (0000-0001-5872-945X, European Corporate Governance Institute) |
| Year | 2014 |
| Volume | 62 |
| Issue | 1 |
| Pages | 35-85 |
| Publication date | 2014-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2013.0012 |
| OpenAlex | W3123097647 |
| Language | EN |
| Citations received | 6 |
| References cited | 28 |
The theoretical arguments in favor and against citations to foreign courts have reached a high degree of sophistication. Yet, this debate is often based on merely anecdotal assumptions as to their actual purpose. This Article aims to fill this gap in the literature. It offers quantitative evidence from ten European supreme courts in order to assess the desirability of such cross-citations. In addition, it examines individual cases qualitatively, developing a taxonomy of cross-citations based on the degree to which courts engage with foreign law. The Article highlights the often superficial nature of cross-citations in some courts. Yet, by and large, our analysis supports the use of cross-citations: it does not have the pernicious effects sometimes suggested by critics, such as undercutting national sovereignty or the legitimacy of the legal system. At best, cross-citations provide a source of inspiration to interpret national law. At worst, they are largely ornamental and of marginal help to make a particular policy argument more persuasive
Argument (complex analysis · Economics · Law and economics · Legitimacy · Order (exchange · Political science · Politics · Positive economics · Social science · Sociology · Sophistication · Sovereignty · Supreme court · European and International Law Studies · International Arbitration and Investment Law · Judicial and Constitutional Studies · Law
Judges and Their Audiences
The Power of Judges
A Theory of Cultural Values and Some Implications for Work
Judicial Decision-Making and Transnational Law
Law and Finance
Misusing International Sources to Interpret the Constitution
Courts
The Economic Consequences of Legal Origins
The Possibilities of Comparative Constitutional Law
Functions and Practice of Legal Citing
Legal Realism for Economists
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,55 |
| Citation span | 2015 - 2025 (11) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 6 |