Court decisions can neither be made nor drafted without references to
other texts; citations are omnipresent in judicial rulings. Every
decision takes relevant normative texts or precedents into account,
primarily to ensure coherent case law. Through the act of referencing,
courts demonstrate that their decisions are based on an established
legal doctrine. This integration into the existing doctrine
legitimizes the decision and thus creates legal certainty through
predictability. Moreover, court decisions also contain references to
texts that do not possess legal authority and therefore cannot be
assigned such a function. Among the sources cited by courts, alongside
statutory texts, are—for example—references to foreign law,
scholarly sources, or even literary texts. In view of this, the
present study addresses the question of how and why courts cite. Using
decisions from the Federal Constitutional Court of Germany and the
Supreme Court of Canada as examples, the interdisciplinary study
proposes both philological and legal evaluation criteria for the
empirical reconstruction of citation functions and furthermore adopts
a comparative perspective on jurisdiction-related differences in
citation practices in courts.
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Intertextual References in the Decisions of the Federal Constitutional Court of Germany and the Supreme Court of Canada
Produktdetaljer
ISBN
9783662719343
Publisert
2026
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter