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by rswail 2484 days ago
It should operate how the judicial systems operate in Anglo-related countries. The US SCOTUS has used legal rulings from the UK and vice versa as "guidance" to their own legal rulings, but not as authoritative. The FAA/EASA/ATSB/* should refer to each other.

To quote Ronald Reagan, "Trust but Verify".

1 comments

A nitpick: the usual term is "persuasive", as in "we find the argument of our brother court to be persuasive". This typically means that the foreign case does, in fact, become precedent by proxy.

For example, as an Australian law student, I read Marbury v. Madison, which was held persuasive in Australia because of the direct influence between the US constitution and Australian constitution. Another case with enormous worldwide effect is Donoghue v Stevenson, which was the beginning of modern Torts law.

In the US we read an Australian torts case involving ships burning in a harbor.