Comparative law is a field of study that entails comparing two systems or more of the constitutions of different countries. It studies the legal systems that exist globally with intensive comparisons being undertaken. The significance of comparative law has grown due to forces such as globalization, democratization, and internationalism.
The comparative constitutional law helps scholars understand the working of a particular nation. For instance, when a scholar studies German basic law, they can have a better understanding of Germany. It is even more insightful when a scholar compares American Constitutionalism with German basic law. It grows their understanding of how both countries run.
However, one of the most significant reasons for undertaking comparative law is that it forces people to question the relevance of a particular constitution. For instance, through comparison, we can establish which country’s system seems to work best. The result is that it works as a great contributor to constitutional scholarship.
Even in the U.S., the use of the comparative law has become a subject of lively debate among Justices of the Supreme Court. It is quite different from past years where constitutional exclusivism held a firm grip over the nation. Although it may seem like there would be more harmonization among industrialized democracies, it is not the case. However, with the comparative law taking a firm grip in developed nations that is slowly changing.
About Sujit Choudhry
He is the founder and director of the Center for Constitutional Transitions. It is the first such center globally that mobilizes knowledge for the constitutional building. Dean Sujit Choudhry is recognized internationally for his expertise in the comparative constitutional development and constitutional law. He has written on constitutional design extensively. He believes it is an effective tool for countries transitioning from conflict to democracies. He also has published more than seventy articles, working papers, reports, and book chapters.
Dean Choudhry is also a member of many international bodies concerned with the constitutional law. He has worked as a consultant for the World Bank and as a foreign expert in constitution transition in Jordan, Libya, Tunisia, Egypt, Nepal, and Sri Lanka. Sujit Choudhry holds law degrees from Harvard and Oxford, Toronto. He has also served as a clerk for Chief Justice Antonio Lamer, of the Canadian Supreme Court.
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