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The Italian Constitutional Court and Comparative Law. A Premise

Authors: G. F. Ferrari; A. Gambaro;

The Italian Constitutional Court and Comparative Law. A Premise

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

Country
Italy
Related Organizations
Keywords

Corte costituzionale ; diritto straniero

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
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