The impact of digitalization on the use of foreign precedents by
Constitutional Courts
Tania Groppi Università di Siena
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5
The implementation of new technologies under Colombian law and incorporation of artificial intelligence in judicial proceedings
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8
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The Use of Foreign Precedents by Constitutional Judges, Oxford Hart Publisher 2013
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High Court of Australia Supreme Court of Canada Supreme Court of India Supreme Court of Israel Supreme Court of Ireland Supreme Court of Namibia
Constitutional Court of South Africa Constitutional Court of Austria
Constitutional Court of Germany Constitutional Court of Hungary Supreme Court of Japan
Supreme Court of Mexico
Constitutional Court of Romania Constitutional Court of Russia Constitutional Court of Taiwan
Supreme Court of the United States
A research group was established in the framework of the International
Association of Constitutional Law 15
Quantitative data
Two groups of countries:
A) High Court of Australia Supreme Court of Canada Supreme Court of India
Supreme Court of Israel Supreme Court of Ireland Supreme Court of Namibia
Constitutional Court of South Africa
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South Africa, Constitutional Court
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Israel, Supreme Court
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A: Total number of decisions issued per year by the Court B: Decisions citing foreign precedents
C: Constitutional cases D: Constitutional cases citing foreign precedents
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India, Supreme Court
20
Ireland, Supreme Court
21
Namibia, Supreme Court
22
Quantitative data
B) Constitutional Court of Austria Constitutional Court of Germany Constitutional Court of Hungary Supreme Court of Japan
Supreme Court of Mexico
Constitutional Court of Romania Constitutional Court of Russia Constitutional Court of Taiwan
Supreme Court of the United States
23
Germany, Constitutional Court
24
Austria, Constitutional Court
25
Romania, Constitutional Court
26
Hungary, Constitutional Court
27
Mexico, Supreme Court
28
Taiwan, Constitutional Court
29
United States, Supreme Court
30
Civil Law/Common Law traditions
Common law methodology: the typically inductive mode of reasoning, often by way of analogy; the discursive form that written reasons take; the
adversarial process in which the respective parties may refer to foreign precedents in support of their argument;
Openness of the legal culture of jurists (countries of the Commonwealth area, some mixed system, such as South Africa, Israel, Namibia): in those jurisdictions law has never been a merely
“national” matter, differently from what happened, until very recently, in most civil law countries.
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