The Use of Foreign Law in Constitutional Interpretation

Abstract

While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This paper looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign law in national constitution-making and constitutional interpretation. The author argues that despite the different postures towards the use of foreign law, constitutionalism and judicial review have ‘gone global’, and there is definitely a growing horizontal communication between constitutional systems. The consequence of this development is the emergence of a ‘transnational or cosmopolitan constitutionalism’.

Keywords: comparative constitutional law, constitutional interpretation, global constitutionalism