5: Judicial and extra-judicial conversation on the Constitution
Constitutions are not changed every day. However, changes have been made throughout constitutional interpretation and judges have become the main actors of this dynamic.
This issue has already been the object of the previous Mexico City World Congress. The use of foreign precedents by Courts still remains a matter of great theoretical and practical importance. However, we would like to broaden the scope of the use of foreign law in the constitution making and amending.
- What might be the reasons behind the imitation of foreign constitutions?
- What is the role played by constitutional borrowing in the constitutional drafting or in the amending process?
- Is there a linkage between constitutional foreign sources and constitutional interpretation based on foreign constitutional dispositions and/or foreign precedents?
- What are the main areas in which the constitutional borrowing takes place?
- Are there constitutional models?
- What is the role played by the élites in the reception of a foreign model?
- Is the imitation of foreign models freely decided or imposed (and, in this case, by which channels?)?
The same considerations can be applied to the legislative activity, in particular with reference to those areas more closely related to the implementation of constitutional provisions.
This issue must be considered within the context of the circulation of constitutional ideas and the exportation of foreign materials in constitutional law. It does not include research on European law within the well-known regional context of the Council of Europe as well as the European Union. However, supranational or international sources could be relevant, whenever they exercise influence outside the regional context itself (as it is the case of the European Convention on Human Rights).