Vitor Soliano (University of Sao Paulo – Faculdade de Direito) has posted Judicial Review and Transnational Interactions I: Context, Form, Function, and Foundations on SSRN. Here is the abstract:
The paper is part of the broad discussion on the consequences of the transnationalization process for constitutional law. It examines the context, form, function, and basis of consultations and references made by judges and courts affiliated with a certain legal order to decisions on constitutional matters made by judges and courts of other legal orders. It concludes by advocating for transnational judicial interactions in constitutional matters as an appropriate mechanism to integrate constitutional jurisdiction into the transnationalization process, without adopting a simplistic provincial isolationism to deal with current problems, nor falling into a naive cosmopolitanism or an authoritarian universalism capable of destroying normative and cultural identities.