Simply a Matter of Style? Comparing Judicial Decisions

34 Pages Posted: 13 May 2013  

Mads Andenas

University of Oslo - Faculty of Law; Institute of Advanced Legal Studies, School of Advanced Study, University of London

Duncan Fairgrieve

British Institute of International and Comparative Law

Date Written: May 13, 2013

Abstract

Traditionally overlooked in academic discourse, the style or form of judgments is nonetheless subject to worldwide development. Courts are responding to the increasingly important international and European courts, exchanges and cross-citation over national boundaries, and the further opening up of legal systems, traditionally perceived as closed with well-defined hierarchies. Within this process, it is important for judges, practitioners and scholars to understand the different formats of judgments from other jurisdictions. The advent of the new United Kingdom Supreme Court has prompted a development of the form of judgment with emphasis on clarity and accessibility. The paper argues that delivering a judgment of the court, instead of individual judgments, while not suppressing dissenting judgments, would take this development to the next stage.

Suggested Citation

Andenas, Mads and Fairgrieve, Duncan, Simply a Matter of Style? Comparing Judicial Decisions (May 13, 2013). University of Oslo Faculty of Law Research Paper No. 2013-13. Available at SSRN: https://ssrn.com/abstract=2264098

Mads Andenas (Contact Author)

University of Oslo - Faculty of Law ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Institute of Advanced Legal Studies, School of Advanced Study, University of London ( email )

Charles Clore House
17 Russell Square
London, WC1B 5DR
United Kingdom

HOME PAGE: http://ials.sas.ac.uk/about/staff/staff.asp?ID=2

Duncan Fairgrieve

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

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