Judicial Bricolage: The Use of Foreign Precedents by Constitutional Judges in the 21st Century

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Professor Tania Groppi (University of Siena, Italy) Professor Marie-Claire Ponthoreau (University of Bordeaux, France)

Judicial Bricolage

The Use of Foreign Precedents by Constitutional Judges in the 21st Century

Professor Tania Groppi (University of Siena, Italy), Professor Marie-Claire Ponthoreau (University of Bordeaux, France), Irene Spigno (Autonomous University of Coahuila, Mexico)

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English

Hart Publishing
20 February 2025

Comparative law; Legal history; Constitutional & administrative law

Series: Hart Studies in Comparative Public Law

This book represents a unique contribution to comparative legal studies by presenting the results of an empirical research project on the use of foreign precedents in constitutional interpretation in 31 jurisdictions worldwide.

It expands and updates the outcomes presented in the previous successful book The Use of Foreign Precedents by Constitutional Judges, edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 as Volume 1 of the series Hart Studies in Comparative Public Law.

This new research, covering countries from all the continents, with special attention to some of the emerging jurisdictions of the Global South, confirms that the practice of making explicit use of foreign precedents is still limited both quantitatively and qualitatively. Judicial dialogue only exists in common law jurisdictions and, even there, ‘judicial bricolage’ is much more common than ‘judicial comparativism’. Since the previous edition, this practice has gone hand in hand with new developments in constitutional law, such as the democratic erosion and backsliding, the emergence of populist movements, the increasing role of regional human rights courts, which in many cases overshadowed foreign sources, and the end of a global vision of constitutionalism.

Applying a quantitative and a qualitative analysis, with the support of tables and data, the book gives a more complete picture of the practice of citing foreign precedents in this new and challenging era, resulting in essential reading for comparative and constitutional legal scholars.

Edited by: Professor Tania Groppi (University of Siena Italy), Professor Marie-Claire Ponthoreau (University of Bordeaux, France), Irene Spigno (Autonomous University of Coahuila, Mexico)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 164mm, Width: 236mm, Spine: 50mm
Weight: 1.300kg
ISBN: 9781509973996
ISBN 10: 1509973990
Series: Hart Studies in Comparative Public Law
Pages: 800
Publication Date: 20 February 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

Tania Groppi is Professor of Public Law at the University of Siena, Italy. Marie-Claire Ponthoreau is Professor of Constitutional Law at the University of Bordeaux, France. Irene Spigno is Professor of Comparative Constitutional Law at the Interamerican Academy of Human Rights, Autonomous University of Coahuila, Mexico.