How judges think in a globalised world? : European and American perspectives

Abstract

How is globalisation impacting the role of judges? How does it affect the nature of the litigation faced by courts? Is there an increased “delegation on courts” of social and economically controversial issues, and how should they deal with it? What is the proper and legitimate use of foreign and international legal sources? To what extent do judicial dialogues take place, and what is their form? Is there a global community of judges and what is it? Is there a convergence on the models of judicial reasoning and deliberation? These were some of the questions addressed by members of European and American higher courts and leading academics at the High-Level Policy Seminar “How Judges Think in a Globalised World? European and American Perspectives” at the European University Institute on 14 December 2013. The seminar aimed to address the issues of “judicial communities” and “judicial dialogues” and the forms these may take in the context of the increased transnational and international character of litigation, as well as the issue of avoiding judicial conflicts and developing a transnational consensus. The traditional dimension of the role of judges was also put under review, highlighting that judges do not only decide cases, but they also develop general principles and for this reason are better suited than other institutions to perform their functions on the global stage. Finally, the proper use of foreign and comparative law was taken into consideration, and the costs and benefits of this practice were widely discussed.