The Use of Foreign Decision by Constitutional Courts - A Comparative Analysis

22 Pages Posted: 13 Jul 2010

See all articles by Rodrigo Brito

Rodrigo Brito

affiliation not provided to SSRN

Date Written: April 1, 2010

Abstract

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.

Note: Downloadable document is in Spanish.

Keywords: Constitutional courts, Foreign decisions, Constitutional interpretation.

Suggested Citation

Brito, Rodrigo, The Use of Foreign Decision by Constitutional Courts - A Comparative Analysis (April 1, 2010). InDret, Vol. 02, 2010. Available at SSRN: https://ssrn.com/abstract=1639031

Rodrigo Brito (Contact Author)

affiliation not provided to SSRN ( email )

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