Constitutional Comparison by Constitutional Courts: Twelve Observations from Twelve Years of Constitutional Practice
Keywords:comparative constitutional law, comparative reasoning, constitutional jurisprudence, constitutional practice, Federal Constitutional Court of Germany, judicial dialogue, judicial self-reflection
Constitutional comparison is part of the everyday work of constitutional courts. What this means exactly, however, is unclear, as only a small part of constitutional comparisons is explicitly reflected in decisions. Only the tip of the ‘comparative iceberg’ is visible. The author reports on twelve years of judicial practice at the German Federal Constitutional Court and summarises his analysis in twelve observations.