In recent years there has been increased attention towards the use of foreign law in the decisions of Supreme Courts. In particular, in the United States legal scholarship has debated whether Constitutional Courts should refer to a wider constitutional culture when carrying out constitutional interpretation.1 Notwithstanding the fact that many of the arguments are of a normative nature and the tone of the debate is often quite passionate2, it might be useful to extend the object of research by considering the experience of a civil law system such as Italy. This essay will thus examine the use of foreign law by the Constitutional Court in Italy going on to make some general considerations on the emergence of a broader constitutional culture which leads to Supreme Courts using foreign law.
The Italian Constitutional Court and Comparative Law
FERRARI, GIUSEPPE FRANCO;
2010
Abstract
In recent years there has been increased attention towards the use of foreign law in the decisions of Supreme Courts. In particular, in the United States legal scholarship has debated whether Constitutional Courts should refer to a wider constitutional culture when carrying out constitutional interpretation.1 Notwithstanding the fact that many of the arguments are of a normative nature and the tone of the debate is often quite passionate2, it might be useful to extend the object of research by considering the experience of a civil law system such as Italy. This essay will thus examine the use of foreign law by the Constitutional Court in Italy going on to make some general considerations on the emergence of a broader constitutional culture which leads to Supreme Courts using foreign law.
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