This paper aims to propose some suggestions toward teaching of Anglo-American law. Moving away from the distinction between private law and public law, the approach suggested focus on the terms of interaction between the Federal Courts and State Courts , which is a central and decisive issue for Anglo- American law. The paper then proceeds to illustrate the new trend in federal common law, meaning no longer the law created by the Federal Supreme Court, which applies to the entire Nation, but also the law created by State Courts, which are increasingly authorized, in certain limited circumstances and through the exaltation of constitutional principles and values, to develop federal common law. The case law mentioned in support of this approach seems, moreover, to lend itself to a comparison with the European experience, where the dialogue among Courts is turning out to be an excellent instrument for the implementation of fundamental rights.
TEACHING ANGLO-AMERICAN LAW: MOVING AWAY FROM THE DISTINCTION BETWEEN COMPARATIVE PRIVATE LAW AND COMPARATIVE PUBLIC LAW
BARELA, Valentina
2015
Abstract
This paper aims to propose some suggestions toward teaching of Anglo-American law. Moving away from the distinction between private law and public law, the approach suggested focus on the terms of interaction between the Federal Courts and State Courts , which is a central and decisive issue for Anglo- American law. The paper then proceeds to illustrate the new trend in federal common law, meaning no longer the law created by the Federal Supreme Court, which applies to the entire Nation, but also the law created by State Courts, which are increasingly authorized, in certain limited circumstances and through the exaltation of constitutional principles and values, to develop federal common law. The case law mentioned in support of this approach seems, moreover, to lend itself to a comparison with the European experience, where the dialogue among Courts is turning out to be an excellent instrument for the implementation of fundamental rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
