The Use of Foreign Law in Constitutional Interpretation

in Oxford Handbook of Comparative Constitutional Law (Eds., a. Sajó and M. Rosenfeld), Oup, 2012.

22 Pages Posted: 16 Mar 2015

See all articles by Gábor Halmai

Gábor Halmai

European University Institute - Department of Law (LAW)

Date Written: March 13, 2015

Abstract

While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This paper looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign law in national constitution-making and constitutional interpretation. The author argues that despite the different postures towards the use of foreign law, constitutionalism and judicial review have ‘gone global’, and there is definitely a growing horizontal communication between constitutional systems. The consequence of this development is the emergence of a ‘transnational or cosmopolitan constitutionalism’.

Keywords: comparative constitutional law, constitutional interpretation, global constitutionalism

Suggested Citation

Halmai, Gábor, The Use of Foreign Law in Constitutional Interpretation (March 13, 2015). in Oxford Handbook of Comparative Constitutional Law (Eds., a. Sajó and M. Rosenfeld), Oup, 2012.. Available at SSRN: https://ssrn.com/abstract=2577888

Gábor Halmai (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY
39-055-4686-401 (Phone)

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