The Legitimacy of Constitutional Comparison

Publication: Konrad Lachmayer, Constitutional Reasoning as Legitimacy of Constitutional Comparison, German Law Journal 2013, 1463-1491 (download here: GLJ Article)

with a comment from Cheryl Saunders, German Law Journal 2013, 1493-1499.

The Publication is part of the CONREASON Project by András Jakab; see the all contributions in the German Law Journal.

Conclusion of the Publication:

“Constitutional reasoning by constitutional courts is of particular importance. The methodological approach and the rationality of the reasoning are crucial parts of the legitimacy of constitutional courts decisions. The use of comparative knowledge by constitutional courts has to fulfill specific standards. The focus with regard to legitimacy of constitutional comparison lies on the democratic perspective, but shifts—from a pluralistic perspective—to the constitutional reasoning of the courts. Thus, constitutional courts shall consider more of the relevance of constitutional reasoning with regard to constitutional comparison. It would strengthen their legitimacy with regard to the use of comparative constitutional knowledge as constitutional communication in international constitutional networks.” (Lachmayer, Constitutional Reasoning as Legitimacy of Constitutional Comparison, GLJ 2013, 1491)