Comparative Legal Argument in the Slovenian Constitutional Jurisprudence

Globalization of the judicial system is becoming a necessary component in an increasingly globalized international community, in which legislative and executive branches of government are striving for a supranational level. The constitutional courts are looking across borders to establish common standards for the protection of human rights. In this way, they are searching for ideas to solve complex constitutional issues in foreign case law. Thus, the argument of comparative law turns out to be a useful tool for the constitutional courts in additional justification of their own decisions. The Constitutional Court of the Republic of Slovenia recognizes the impact of foreign case law from the beginning of its existence. In particular, the German constitutional jurisprudence has a special place in the interpretation of constitutional provisions by Slovenian Constitutional Court. Foreign precedents can be detected in decisions when the Constitutional Court implements basic democratic regulations in national legal order, interprets constitutional principles and human rights or upgrades its legal reasoning. However, the comparative argument is maintained as an optional, complementary tool for the empowerment of its own arguments in concrete decisions. 

Keywords: judicial interstate dialogue, globalization of judicial system, Slove¬nian constitutional jurisprudence, comparative legal argument