This study, guided by the question ‘How and why do courts cite?’, pursues two objectives. The first objective is to provide a descriptive characterization of the citation practices of the two courts examined as examples, from both comparative and diachronic perspectives. The second objective is to attempt to reconstruct the functionalization of citations based on the citation features identified in the characterization.

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How and Why Do Courts Cite? An Empirical Study Using the Example of the Federal Constitutional Court and the Supreme Court of Canada

  • Joy Steigler-Herms

摘要

This study, guided by the question ‘How and why do courts cite?’, pursues two objectives. The first objective is to provide a descriptive characterization of the citation practices of the two courts examined as examples, from both comparative and diachronic perspectives. The second objective is to attempt to reconstruct the functionalization of citations based on the citation features identified in the characterization.