The Italian Constitutional Court and the Use of Comparative Law: An Empirical Analysis

Abstract

The paper analyzes the use of comparative and foreign law by the Italian Constitutional Court. The author carries out an empirical study mainly with two purposes: measuring the impact of comparative law on the activity of the Court and classifying the functions of comparative law in the Court’s decision-making process. It is impossible to identify all the cases where the Court considers comparative law. Nevertheless, references to comparative or foreign law in rulings can be regarded as significant hints. The Court’s case-law between 2000 and 2021 is examined, and 74 rulings with comparative references are identified. This data is the starting point of the analysis, which shows the increasing use of comparative law by the Constitutional Court. Moreover, the classification of these references shows the growing importance that comparative law has in the Court’s legal reasoning.