The use of comparative law in the practice of the Hungarian Constitutional Court: An empirical analysis (1990–2019)

Abstract

Courts conducting constitutional review do not work as ‘ivory towers’ any longer: they are part of the global dialogue on constitutional ideas and thoughts. This dialogue includes an exchange of experiences with fellow constitutional and apex courts, as well as the close observation of developments in foreign constitutional and legal systems, scholarship, and international trends. The Constitutional Court of Hungary has been an active participant in this dialogue since the Court's establishment in 1989, albeit with varying levels of intensity and goals. Moving beyond the often anecdotal observations in this field, the paper aims to conduct a deep analysis of how the Court uses comparative law in its work (during the preparatory phase and the drafting of final decisions) and examines the factors that may influence the Court's practice in this area. Such a clear overview can assist proponents of the use of comparative reasoning to contravene the increasing amount of criticism of the practice's legitimacy and selectivity.