Trust and the Use of Comparative Arguments in Constitutional Courts

Borrowings of foreign solutions by national courts are often seen as a feature of the so-called 'legal fragmentation', and are therefore analized with great circumspection. Sometimes considered as a problem of coherence for the legal system, or, more vigorously, as an anti-democratic way of judging, this practice has raised questions about public expectations and confidence in the adjudicative systems. My presentation will aim at exploring the link between the concept of trust and the use of comparative arguments in constitutional courts, with illustrations taken from the U.S, south-american and european constitutional courts.