Tags: Convergence


LUCREZIA PALANDRI
CDCT Working Paper 38-2015/ELC 22

Over the last decade, comparative constitutional literature worldwide has debated the increased tendency of supreme and constitutional national judges to cite foreign precedents. This tendency is captured by the metaphor of the ‘dialogue among courts’, a rhetorical metaphor referring to it. One of the recurring arguments of both critics and upholders of the judicial use of the comparative method is that such a practice is contributing to a growing judicial cosmopolitanism …

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