La Corte Costituzionale sudafricana e la comparazione costituzionale: il confronto con le open and democratic societies

The South African Constitutional Court and the constitutional comparison: the confrontation with the “open and democratic societies”

Abstract

The South African Constitutional Court and the constitutional comparison: the confrontation with the “open and democratic societies” – The paper examines the use of foreign law by the Constitutional Court of South Africa in its constitutional jurisprudence through the analysis of four particularly suggestive cases. Starting from the beginning of the judicial activity of the Court - that is entitled to consider foreign law in constitutional cases by section 39 of the South African Constitution - and coming to the most recent years, the article explores how the approach of the Court itself towards constitutional comparison has evolved over time and how the role of the Court of Johannesburg has changed within the “global community of courts”. 

Keywords: Constitutional Court of South Africa; Constitutional comparison; Foreign law; Open and democratic societies; Section 39.