Abstract
The book “Judicial Bricolage: The Use of Foreign Precedents by Constitutional Judges in the 21st Century” provides a significant contribution to comparative legal studies. It presents empirical research on the use of foreign precedents in constitutional interpretation across thirty-one jurisdictions worldwide. This volume builds on the previous work “The Use of Foreign Precedents by Constitutional Judges” edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 by Hart.
The new collection includes research from countries across all continents and foregrounds jurisdictions in the Global South. It confirms that the explicit use of foreign precedents remains limited in both quantity and quality. Judicial dialogue mainly occurs in common law jurisdictions where “judicial bricolage” is more common than “judicial comparativism”. Since the previous edition this practice has evolved with developments in constitutional law such as democratic erosion the rise of populist movements and the increasing influence of regional human rights courts which often overshadow foreign sources. At the book launch the panelists and audience will reflect on the broader implications of these changes for the practice of comparative law and for the development of global constitutionalism.
Bio
Tania Groppi is full professor of Public Law at the University of Siena where she also teaches Comparative Law and Gender Equality Law. She directed national and international research projects on constitutional justice constitutional democracy dialogue between courts. She participated in institution building activities in Iraq, Democratic Republic of Congo, and in Tunisia. She authored more than 200 articles and of several books.
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