
Contents
-
-
-
-
-
-
-
-
I. Comparative Constitutional Scholarship I. Comparative Constitutional Scholarship
-
1. Classificatory Work: ‘Families’, Regional, Emerging 1. Classificatory Work: ‘Families’, Regional, Emerging
-
2. Historical Work and the Migration of Constitutional Ideas 2. Historical Work and the Migration of Constitutional Ideas
-
3. Universalist Search for Just or Good Principles 3. Universalist Search for Just or Good Principles
-
4. Functionalism and Consequentialism; Positive and Normative 4. Functionalism and Consequentialism; Positive and Normative
-
5. Contextualism, Expressivism, and Self-Reflection 5. Contextualism, Expressivism, and Self-Reflection
-
-
II. Courts II. Courts
-
1. Doctrinal Demands, Self-Reflection, and Expressive Comparisons 1. Doctrinal Demands, Self-Reflection, and Expressive Comparisons
-
2. Scholars and Courts 2. Scholars and Courts
-
-
III. Constitutional Legislators III. Constitutional Legislators
-
IV. Methodological Challenges IV. Methodological Challenges
-
Bibliography Bibliography
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
2 Comparative Constitutional Law: Methodologies
Get accessVicki C. Jackson is Thurgood Marshall Professor of Constitutional Law, Harvard Law School, and formerly was Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center
-
Published:21 November 2012
Cite
Extract
Methodologies of constitutional comparison vary at least as much as, if not more than, do methodologies more generally in comparative law. Methods vary in what they aim to do and in who is engaged in comparisons, particularly if the comparative enterprise is defined broadly to include doctrine produced by courts, features of government (such as parliamentary vs presidential systems, more typically studied by comparative government than by constitutional law scholars), and the processes of constitution-making and adoption. The methodological categories have considerable overlap and a single work may include examples of multiple methodologies, for example classificatory work and functional analysis.
The primary practitioners of comparative constitutional law are scholars—not only legal scholars, but also social scientists or historians who bring distinct disciplinary perspectives to the analysis of law, legal institutions, and legal change. In addition to scholars, adjudicators—including judges of national supreme or constitutional courts—sometimes consult, and perhaps less frequently refer to, comparative constitutional law and government experience in other countries. Finally, ‘constitutional legislators’—those charged with drafting of new constitutions or constitutional amendments—quite commonly engage in comparative constitutional examination. Although constitutional adjudicators and constitutional legislators often draw from the work of constitutional scholars, their context and goals at times frame distinctive methodological orientations. This chapter will briefly discuss the different communities of comparative constitutional analysis and will close by noting some methodological challenges of comparative constitutional analysis.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 121 |
November 2022 | 32 |
December 2022 | 35 |
January 2023 | 65 |
February 2023 | 90 |
March 2023 | 67 |
April 2023 | 44 |
May 2023 | 40 |
June 2023 | 32 |
July 2023 | 57 |
August 2023 | 68 |
September 2023 | 48 |
October 2023 | 81 |
November 2023 | 69 |
December 2023 | 24 |
January 2024 | 40 |
February 2024 | 85 |
March 2024 | 53 |
April 2024 | 26 |
May 2024 | 28 |
June 2024 | 28 |
July 2024 | 17 |
August 2024 | 31 |
September 2024 | 105 |
October 2024 | 94 |
November 2024 | 45 |
December 2024 | 57 |
January 2025 | 67 |
February 2025 | 44 |
March 2025 | 45 |
April 2025 | 37 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.