Paolo Passaglia

The resort to comparative law by the Italian Constitutional Court: some considerations from the case law of the years 2000-2021

  • Abstract

Informations and abstract

Keywords: Italian Constitutional Court, comparative Law, legal reasoning, case law, empirical study.

The paper analyzes the use of comparative law by the Italian Constitutional Court. The author carries out an empirical study in order to measure the impact of comparative law on the activity of the Court and to classify the functions of comparative law in the Court’s decisionmaking process. The Court’s case-law between 2000 and 2021 is examined, and 74 rulings with comparative references are identified. The analysis of the collected data shows the increasing use of comparative law by the Constitutional Court, while the classification of these references points out the growing importance that comparative law has in the Court’s legal reasoning

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