Comparative Public Law in the United Kingdom

Abstract

In the UK, comparative law is an influence but not a determining one in judicial decisions, unless it comes from a familiar source, mainly from the common law. Scholarly comparative law, which is substantial and thriving, contributes in a more indirect fashion to create an environment in which some decisions become thinkable to judges and legislators. In the current atmosphere of a retreat from European-wide legal rules, comparing different national legal systems will be more influential than the appeal to pan-European standards in both judicial decisions and in inspiring legislation.