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Courts and Comparative Law$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2015

Print ISBN-13: 9780198735335

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198735335.001.0001

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Comparative Legal Methodology of the Conseil d’Etat

Comparative Legal Methodology of the Conseil d’Etat

Towards an Innovative Judicial Process?

(p.242) 14 Comparative Legal Methodology of the Conseil d’Etat
Courts and Comparative Law

Aurélie Bretonneau

Samuel Dahan

Duncan Fairgrieve

Oxford University Press

This chapter examines ‘how’ and ‘why’ comparative law developed at the Conseil d’Etat. It shows that the growing use of comparative law does not depend solely on subjective factors such as the willingness of judges to use it; rather, it relies on a method, which, although still in development, may already be giving rise to a new form of judicial creative process.

Keywords:   comparative law, French legal system, judicial process, Conseil d’Etat

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