Transnational Judicial Communication: Doctrinal Frameworks, Institutional Dynamics and Empirical Evidence from the Swiss Federal Tribunal and Beyond

This book provides a detailed picture of the Swiss Federal Tribunal in transnational judicial communication, namely it clarifies when, how much, how, and why the Swiss Federal Tribunal voluntarily quoted foreign precedents in the adjudication of purely national cases between 2000 and 2023. In this regard, a twofold approach is employed. The first part of the book adopts a theoretical approach and includes a comparative analysis of the practice. Besides delving into its main facets, it analyzes all the Swiss national and legal features which theoretically play as gatekeepers for the use of foreign precedents. The second part of the book takes an empirical approach. Firstly, through a quantitative analysis, it sets out how many times between 2000 and 2023 the Swiss Federal Tribunal voluntarily referenced foreign precedents in its case law. Secondly, through a qualitative analysis of each citation, it clarifies the role they played in the deciding of cases. Thirdly and finally, the work is complemented with semi-structured interviews with the Swiss Federal Tribunal judges. The book will be of interest to academics, researchers, and practitioners working in the areas of comparative law, constitutional law, public law, and legal theory.

Micol Ferrario is a post-doctoral researcher in Comparative Law, Università di Torino, Italy.