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Part IX Trends, Ch.64 The Use of Foreign Law in Constitutional Interpretation

Gábor Halmai

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

Judicial use of foreign law is a product of globalization of the practice of modern constitutionalism: it has been made possible by a dialogue among high court judges with constitutional jurisdiction around the world, conducted through mutual citation and increasingly direct interactions. This growing ‘constitutional cross-fertilization’ can prove to be not only a tool for better judicial judgments, but eventually also for the construction of a ‘global legal system’.1 The globalization of constitutional law means that constitutionalism is no longer the privilege...
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