User:Voorts/sandbox/Comparative constitutional law
Comparative constitutional law is an interdisciplinary field of legal studies, a method of constitutional interpretation, and a tool used in drafting constitutions by constituent assemblies. Comparative constitutional law has its roots in ancient Greek and Roman political philosophy, and emerged as an academic area of inquiry in the late 19th and early 20th centuries, particularly among scholars in the United States. As a field of study, comparative constitutional law focuses on a wide range of topics, including constitutional design and structure, individual and group rights, standards of judicial review, and the categorization of constitutions.
Lawyers and jurists have also used comparative constitutional approaches in legal practice and decision-making. Several high courts have used comparative approaches, including the high courts of the United States, South Africa, India, and Israel.
History
roots of the field
development of comparative constitutional studies as a formal method and area of inquiry
Methodologies
different approaches to comparative constitutional law
Functionalism
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Quantitative approaches
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Areas of inquiry
intro
Federalism
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Judicial review
strong vs. weak form
Categorization
liberalism vs. illiberalism
Constitutional amendment
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Proportionality
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Antidiscrimination law
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Rights
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Use in judicial interpretation
intro.
United States
South Africa
south africa constitutional court's use of comparative law
Use in constitutional formation
comparative approaches in drafting constitutions
See also
Notes
References
- hdl:20.500.13051/6522 – via Yale Law SchoolOpen Scholarship Repository.
- Crane, William W.; Moses, Bernard Moses (1893) [1883]. Politics: An Introduction to the Study of Comparative Constitutional Law. New York: G. P. Putnam's Sons.
- JSTOR 41682790.
- Fontana, David (2011). "The Rise and Fall of Comparative Constitutional Law in the Postwar Era". hdl:20.500.13051/6619 – via Yale Law SchoolOpen Scholarship Repository.
- JSTOR 797327.
- ISBN 978-0-511920806.
- Ginsburg, Ruth Bader (2004). "Looking Beyond Our Borders: The Value of a Comparative Perspective in Constitutional Adjudication". hdl:20.500.13051/17006 – via Yale Law SchoolOpen Scholarship Repository.
- OCLC 708243931.
- Hirschl, Ran (2013). "From Comparative Constitutional Law to Comparative Constitutional Studies". .
- ISBN 978-1-78536-526-3.
- hdl:20.500.13051/9169 – via Yale Law SchoolOpen Scholarship Repository.
- OCLC 921496575.
- Venter, François (2000). Constitutional Comparison: Japan, Germany, Canada and South Africa as Constitutional States. Dordrecht: OCLC 46643341.
External links
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