Interest Group: Use of
Foreign Precedents by Constitutional Judges
The Interest Group on the Use of
Foreign Precedents by Constitutional Judges originates from a research
proposal
made by Prof. Tania
Groppi of the University of Siena and Prof. Marie-Claire Ponthoreau of
the
University of Bordeaux, during the World Congress of the International
Association of Constitutional Law, held in Athens in
June 2007.
The research project that the
Group furthers aims at surveying the use of foreign precedents by
Supreme and
Constitutional Courts in deciding constitutional cases. Its purpose is
to
determine – through an empirical analysis, employing both
quantitative and
qualitative indicators – to what extent foreign case law is
cited and the
reliability of the studies describing and reporting instances of
“transjudicial
dialogue” between Courts. Once completed, the research will
also provide useful
insights with regard to the extent to which a progressive convergence
between
Common law and Civil law traditions can be deemed to take place.
Currently composed by 38 members,
the Interest Group features the participation of scholars from several
African,
American, Asian, European, Latin American and Oceania countries,
representing
jurisdictions belonging to both Common law and Civil law traditions,
and
countries employing both centralized and decentralized systems of
judicial
review.
The Interest Group is one of the
Research Groups acting within the International Association of
Constitutional
Law (IACL). The goal of the Group is to present the outcome of the
research in
a dedicated workshop, during the next IACL World Congress to be held in
Mexico
City, in December 2010.
The country reports drafted so
far, together with other materials related to the research, are
available to
Members of the Group on a dedicated
webpage.
The updated guidelines, describing the object,
metodology, goals and agenda of the project can be freely downloaded here.
For more information on the
Interest Group, its activities and research, you may want to contact:
Prof.
Tania
Groppi (University
of Siena)
Prof.
Marie-Claire Ponthoreau (University
of Bordeaux)
Mr.
Gianluca Gentili
UPDATE:
The
International Association of Constitutional Law (IACL) has included in
the program of its VIII World Congress on “Constitutions and
Principles” a Workshop dedicated to the research on the
“Use of Foreign Precedents by Constitutional
Judges”.
Workshop
no. 12 (“Foreign Law: Jurisprudence Fertilization”)
will be held on December 8, 2010 in Mexico City, Mexico, and chaired by
Prof. Tania Groppi and Prof. Marie-Claire Ponthoreau. The call for
papers for the Workshop has been published on the official website of
the IACL VIII World Congress: http://www.iacl-aidc.org/?p=278
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