Tania Groppi

Constitutional Justice and Comparative Law in the 21st Century

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Abstract

The article presents some of the highlights of comparative law scholarship on constitutional justice in the 21st century. The first part deals with the studies on the diffusion of constitutional justice in the aftermath of the democratic transitions of 1990s. Particular attention is paid to some key topics, such as the dialogue between courts and the use of foreign precedents. The second part provides an insight into the studies on constitutional justice in democratic regressions and focuses on judicial transparency, courts communication, and constitutional literacy as tools that increasingly courts resort to, with the aim of improving their legitimacy. The article concludes by underlining the role of the scholarship in the search for solutions to strengthen constitutional democracy.

Keywords

  • Constitutional Justice
  • Comparative Law
  • Constitutional Adjudication
  • Scholarship
  • Abusive Comparativism

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