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The Use of Foreign Legal Materials by the Constitutional Court of the Czech Republic

Publication at Faculty of Law |
2019

Abstract

In this text, we shall focus in detail on the use of foreign legal materials by the Constitutional Court and we will include only a few remarks on the use of international law. We believe that the non-mandatory use of foreign legal materials is very informative by itself regarding the nature of the Court's legal argumentation.

By foreign legal materials we mean any foreign states' legislation, decisions of foreign states' courts or foreign legal scholarship. In order to achieve a thorough image of the use of foreign legal materials by the Constitutional Court, we attempted to find and analyse most of the cases, in which the Court explicitly referred to such materials (excluding the references to the European Convention on Human Rights and the case law of the European Court of Human Rights, which would significantly multiply this number).