Comparison
David S. Law and Malcolm Langford (eds), 'Research Methods in Constitutional Law: A Handbook' (Edward Elgar Publishing, 2018)
28 Pages Posted: 7 May 2018
Date Written: May 7, 2018
Abstract
Today the comparative study of constitutional law has emerged as the new frontier in comparative law. Comparative study of constitutional law has matured and has reached a point where it possesses a remarkably large methodological toolbox. This paper discusses comparative approaches from a pluralist viewpoint. The underlying idea is to present the key approaches according to different research interests. To that end, approaches are dealt with in a manner corresponding to what kind of knowledge researchers seek to produce when they engage in studying constitutional law comparatively. Attention is placed on the goal, i.e. what is aimed to be accomplished by using a comparative approach. The underlying idea is to recognise and embrace the diversity of approaches available for today’s comparative study of constitutional law.
Following the short introduction, the second section explains the rationale behind the comparative approach. The third section discusses the relation between private law and public law comparisons. In the fourth section, the nature of comparative methodology in law and constitutional law is explained. This is followed in the fifth section by a general analysis of the basic comparative approaches, where examples are provided especially in constitutional contexts. The concluding section draws together the key points and looks beyond the horizon by discussing future challenges for the comparative study of constitutional law in a globalising world.
Keywords: constitutional law, comparative law, comparative method, methodology
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