Judicial use of foreign law

What is it about?

This article provides an explanation of what is going on when judges in one country have regard to the law of another country to help them decide a case. Why do they do this? Is it legitimate? What are the dangers?

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Why is it important?

There has been much writing on this topic. Many people, particularly in the US, think this practice is in some way undemocratic. Other people think that foreign law provides a useful resource. I offer a new of understanding how foreign law can have an effect without having an undemocratic effect. Nevertheless, there are still huge difficulties in properly understanding foreign law. With increasing globalisation, we will see more of judges doing this sort of thing. The article helps to guide judges about appropriate and inappropriate uses of foreign law.