This article examines the extent and nature of the use offoreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety ofpurposes, the article reaches two broad conclusions: (1) as a generalization, other co...

“Comparative Law is en vogue”, claimed Ralf Michaels almost twenty years ago, referring to the conference that took place in New Orleans 2000 celebrate centenary of first International Congress Comparative Law. Now, two decades later, same can be said with regard Chile: as evidenced by recent creation Chilean Network Law, our country, a discipline has finally achieved sufficient maturity and cr...

stare decisis is one of traditional legal rules common law to be considered. according to this rule, the judge of the judicial decisions of thecommon law previous similar cases to use. this rule by some authorities such as the international criminal court to consider the implicit judgments about the observance of this rule before the verdict is so difficult. finally, cautious and visionary in c...

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although there is in neither conventional nor customary international law any comprehensive or universal prohibition of the use of nuclear weapons, it was absolutely possible for the court to conclude, in the light of the documentary evidence and factual data placed before it, that recourse to these weapons would be illegal, in all circumstances. the article tries to examine critically the worl...

There is a general presumption that the law should be congruent with morality— that is, that the prohibitions and permissions in the law should correspond to the prohibitions and permissions of morality. And indeed in most areas of domestic law, and perhaps especially in the criminal law, the elements of the law do in general derive more or less directly from the requirements of morality. I wil...

an action resulting from an object like human's damaging action can cause liability for those who possess them. the french civil law at its approval time (1804) had not predicted this principle and just in articles 1385, 1386, the liability of damages resulting from two types of objects, i.e. animals and buildings due to imposing great damages by them had been predicted by french law. howe...

in the system of international law, individuals enjoy some rights and states are initially obliged to grant of these rights, especially in the field of human rights and humanitarian law. if this obligation is not fulfilled, the responsible state has to compensate the injured individuals based on special rules of treaty laws and general rules of international responsibility, including customary ...