The Position of Comparative Law in The Judgments of The Constitutional Courts in The Common Law and Civil Law Countries

The problem of the position of comparative law in the judgments of the constitutional courts in the Common law and Civil law countries is a very interesting research topic since each of these bodies has a different view on the issue. In other words, the different opinions on the subject show well how constitutional judges consider the effects and characteristics of the citation of foreign norms in their decisions. In this article based on the descriptive and deductive method, we will try to answer the following question: what are the strengths and weaknesses of citing foreign norms in the judgments of the national Constitutional courts? After the presentation of the data, we will demonstrate that despite some weaknesses such as dangers for State sovereignty and the widening of the sources of law, thanks to the caution of the Constitutional judges and the citation of norms of legal systems which are close from a geographical and cultural point of view and to the use of comparison not exclusively for applying foreign law, the use of judicial and legal sources from other countries can help the development of domestic law and expand the protection of fundamental rights.