Comparative Law Review, Vol 1, No 1 (2010)

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1.1 The Italian Constitutional Court and Comparative Law. A Premise

Giuseppe Franco Ferrari, Antonio Gambaro

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. Notwithstanding the fact that many of the arguments are of a normative nature and the tone of the debate is often quite passionate, 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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The Comparative Law Review is registered at the Court of Monza (Italy) - nr. 1988 on 15 May 2010 - by the Polimetrica Sas; Direttore Responsabile Prof. Alessandro Somma.

ISSN (Online edition): 2038-8993