The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?

Observed from the perspective of citation of foreign judgments, the Supreme Court of Canada (SCC) is often considered one of the world’s most cosmopolitan and proactive actors in transnational judicial conversation. However, there are also other forms of non-domestic legal sources that Courts engage...

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Autor principal:	Klodian Rado
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2020
Materias:	transnational judicial dialogue supreme court of canada judicial slowbalization non-domestic legal sources comparative law international law globalist/localist judges Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/3a01ca4de7b24208821d78d37094bf93
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spelling	oai:doaj.org-article:3a01ca4de7b24208821d78d37094bf932021-11-08T08:17:04ZThe use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?1871-515X10.36633/ulr.584https://doaj.org/article/3a01ca4de7b24208821d78d37094bf932020-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/584https://doaj.org/toc/1871-515XObserved from the perspective of citation of foreign judgments, the Supreme Court of Canada (SCC) is often considered one of the world’s most cosmopolitan and proactive actors in transnational judicial conversation. However, there are also other forms of non-domestic legal sources that Courts engage with, such as: foreign law, international case law, and international treaties. Hence, the ‘globalist’ or ‘localist’ approach of a court cannot be assessed without looking from this broader perspective. By examining all the 1223 judgments issued by the SCC over 17 years (2000–2016), this study offers a comprehensive picture of citations of all forms of non-domestic legal sources. Remarkably, the empirical data show that the Court has extensively engaged with all forms of non-domestic legal sources, and cites such foreign authorities in approximately 50 different fields of law. This article is distinct in that it combines two different perspectives when analyzing the data: the 'SCC as an institution' and its 'individual judges'. From an institutional perspective, such all-inclusive records demonstrate that foreign citation is decreasing, a trend which may jeopardize the high prestige of the SCC in the global arena. Similar trend is noticeable when the data is analyzed also from an individual-judge perspective. In providing an empirical picture of individual judges’ engagement with non-domestic legal sources, this Article attempts to categorize the 21 justices that have served in the SCC during the 17-year timeframe into three groups: ‘high globalist judges’, ‘moderate globalist judges’, and ‘localist judges’. The article ends with few remarks regarding whether this is a 'judicial slowbalization' of the Court.Klodian RadoUtrecht University School of Lawarticletransnational judicial dialoguesupreme court of canadajudicial slowbalizationnon-domestic legal sourcescomparative lawinternational lawglobalist/localist judgesLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 16, Iss 1 (2020)
institution	DOAJ
collection	DOAJ
language	EN
topic	transnational judicial dialogue supreme court of canada judicial slowbalization non-domestic legal sources comparative law international law globalist/localist judges Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	transnational judicial dialogue supreme court of canada judicial slowbalization non-domestic legal sources comparative law international law globalist/localist judges Law in general. Comparative and uniform law. Jurisprudence K1-7720 Klodian Rado The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
description	Observed from the perspective of citation of foreign judgments, the Supreme Court of Canada (SCC) is often considered one of the world’s most cosmopolitan and proactive actors in transnational judicial conversation. However, there are also other forms of non-domestic legal sources that Courts engage with, such as: foreign law, international case law, and international treaties. Hence, the ‘globalist’ or ‘localist’ approach of a court cannot be assessed without looking from this broader perspective. By examining all the 1223 judgments issued by the SCC over 17 years (2000–2016), this study offers a comprehensive picture of citations of all forms of non-domestic legal sources. Remarkably, the empirical data show that the Court has extensively engaged with all forms of non-domestic legal sources, and cites such foreign authorities in approximately 50 different fields of law. This article is distinct in that it combines two different perspectives when analyzing the data: the 'SCC as an institution' and its 'individual judges'. From an institutional perspective, such all-inclusive records demonstrate that foreign citation is decreasing, a trend which may jeopardize the high prestige of the SCC in the global arena. Similar trend is noticeable when the data is analyzed also from an individual-judge perspective. In providing an empirical picture of individual judges’ engagement with non-domestic legal sources, this Article attempts to categorize the 21 justices that have served in the SCC during the 17-year timeframe into three groups: ‘high globalist judges’, ‘moderate globalist judges’, and ‘localist judges’. The article ends with few remarks regarding whether this is a 'judicial slowbalization' of the Court.
format	article
author	Klodian Rado
author_facet	Klodian Rado
author_sort	Klodian Rado
title	The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
title_short	The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
title_full	The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
title_fullStr	The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
title_full_unstemmed	The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?
title_sort	use of non-domestic legal sources in supreme court of canada judgments: is this the 'judicial slowbalization' of the court?
publisher	Utrecht University School of Law
publishDate	2020
url	https://doaj.org/article/3a01ca4de7b24208821d78d37094bf93
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The use of non-domestic legal sources in Supreme Court of Canada judgments: Is this the 'judicial slowbalization' of the court?

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