comparative public law research topics

Comparative Public Law

• Special Learning Support
• Web services
• Privacy Policy
• Web Traffic
• Anti-Phishing
• Brand Identity
• Contact Information
• Where we are
• Campus life
• Accommodation
• RESTRICTED AREAS
• PRESS OFFICE
• FUNDRAISING

PRIVACYCREDITS © 2024 Luiss Guido Carli - Viale Pola 12, 00198 Roma, Italia – Contact Center T 06 852251 – VAT number 01067231009.

Comparative Constitutional Law

• Getting Started
• Legal Databases and Websites
• Books, Treatises, and Encyclopedias

Introduction

Hate speech, lgbtq+ and gender rights, individual rights, regional comparisons.

Comparative constitutional law spans a wide variety of sub-topics. This page provides an introduction and recommends a few works on a small selection of those topics. Researchers are encouraged to use these works as a starting point and use a variety of methods to find other works on point. Each text has a catalog page with Library of Congress subject headings that can be used to find other works. Other research tactics include looking at the authors' other works or scanning citations and bibliographies to find related materials.

Herz, Michael, and Peter Molnar, eds. The Content and Context of Hate Speech: Rethinking Regulation and Responses . Cambridge University Press, 2012. Digital. Also available in print .

The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories, and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world.

Kang, Myungsoo, and Marie-Orange Rive Lasan. Hate Speech in Asia and Europe: Beyond Hate and Fear . Routledge, 2020. Digital.

This edited collection provides a timely review of the current state of hate speech research in Asia and Europe, through the comparative examples of Korea, Japan and France. Extending the study of hate speech studies beyond the largely western emphasis on European and US contexts dominant in the field, this book's comparative framework aims to examine hate speech as a global phenomenon spanning Asian and European contexts.

Pejchal, Viera. Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values . Routledge, 2020. Digital.

This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address the recent rise of hate speech. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development.

Perez-Escolar, Marta, and Jose Manuel Noguera-Vivo. Hate Speech and Polarization in Participatory Society . Routledge, 2021. Digital.

This book utilizes a broad, multidisciplinary approach that examines hate speech, dislike, polarization and enclave deliberation as cross axes that influence offline and digital conversations. The diverse case studies offer insights into international news media, television drama and social media in a range of contexts, suggesting an academic frame of reference for examining this emerging phenomenon within the field of communication studies.

Udupa, Sahana, et al., eds. Digital Hate: The Global Conjuncture of Extreme Speech . Indiana University Press, 2021. Print.

This text provides a global and interdisciplinary perspective on hateful language online. Moving beyond Euro-American allegations of "fake news," contributors draw attention to local idioms and practices and explore the profound implications for how community is imagined, enacted, and brutally enforced around the world.

Sperti, Angioletti. Constitutional Courts, Gay Rights, and Sexual Orientation Equality . Hart Publishing, 2017. Print.

This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination.

Williams, Susan H., ed. Constituting Equality: Gender Equality and Comparative Constitutional Law . Cambridge University Press, 2009. Digital. Also available in print .

The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why.

Wintemute, Robert and Mads Andenaes, eds. Legal Recognition of Same-Sex Partnerships: A Study of National, European, and International Law . Hart Publishings, 2001. Digital. Also available in print .

In this text, international scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

Barendt, Eric. Freedom of Speech . 2nd ed. Oxford University Press, 2007. Digital. Also available in print .

This text discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, and Germany. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation, privacy, and copyright, and explores case law in light of the philosophical and political arguments for free speech guarantees.

Cross, Frank B. Constitutions and Religious Freedom . Cambridge University Press, 2015. Print.

Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examine the consequences of such protections.

Epp, Charles R. The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective . University of Chicago Press, 1998. Print.

The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

Fredman, Sandra. Human Rights Transformed: Positive Rights and Positive Duties . Oxford University Press, 2008. Digital. Also available in print.

Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.

Rodriguez-Garavito, Cesar, and Diana Rodriguez-Franco. Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South . Cambridge University Press, 2015. Print.

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process.

Shah, Dian A. H. Constitutions, Religion, and Politics in Asia: Indonesia, Malaysia, and Sri Lanka . Cambridge University Press, 2017. Print.

As religious polarization in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society.

Brinks, Daniel M. and Abby Blass. The DNA of Constitutional Justice in Latin America: Politics, Governance, and Judicial Design . Cambridge University Press, 2018. Digital.

Dixon, Rosalind, Tom Ginsburg, and Adem Kassie Abebe, eds. Comparative Constitutional Law in Africa . Edward Elgar Publishing, 2022. Digital.

Dixon, Rosalind, Tom Ginsburg, eds. Comparative Constitutional Law in Latin America . Edward Elgar Publishing, 2017. Print.

Ginsburg, Tom, and Alberto Simpser, ed. Constitutions in Authoritarian Regimes . Cambridge University Press, 2014. Print.

O'Brien, Derek. The Constitutional Systems of the Commonwealth Caribbean: A Contextual Analysis . Hart Publishing, 2014. Print.

• << Previous: Books, Treatises, and Encyclopedias
• Last Updated: Oct 10, 2023 2:12 PM
• URL: https://guides.lib.unc.edu/comparativeconstitutionallaw

Comparative Constitutional Law Research Guide: Getting Started

• Getting Started
• Introductory Materials
• Finding Books
• Finding Articles
• Finding Constitutional Texts
• Finding Cases
• Finding News Articles

What is comparative constitutional law?

Looking for a database.

This is an alphabetical list of FSU databases useful for researching legal issues dealing with comparative constitutional law.

Writing a Paper?

• Choose a Paper Topic
• Do a Pre-Emption Check
• Avoid Plagiarism
• Cite Correctly

Narrow  your topic on which you can write a 20-30 page paper. Select a topic that addresses an international law question that is of  interest  to you and also is  original and  topical .

To find ideas for your topic, go to the following sources with an international perspective:

• newspapers and magazines  
• newsletters 

Once you've chosen a paper topic you'll need to review the legal literatute for a pre-emption check to be sure that another legal scholar has not already covered your topic.

Use these sources in a pre-emption check:

• articles-in-progress
• newly-published articles
• law review articles
• blogs and websites
• Citing Responsibly: A Guide to Avoiding Plagiarism
• Principles of Paraphrasing Online Tutorial
• FSU Law Research Center Plagiarism Guide
• Advanced Citation Guide for Scholarly Writing
• YouTube Bluebooking Series

Beginning Research?

• Background Info
• Country by Country Guide to Foreign Law Research
• Globalex Comparative Law Guides
• International and Foreign Law Research
• BBC Country Profiles
• CIA Country Handbook
• Political Database of the Americas
• Rule of Law Index

Organizations

• American Society of Comparative Law
• British Institute of International and Comparative Law
• Comparative Constitutions Project
• International Association of Constitutional Law
• University of Melbourne Centre for Comparative Constitutional Studies
• Next: Introductory Materials >>
• Last Updated: Nov 28, 2023 11:11 AM
• URL: https://guides.law.fsu.edu/compcon

All Areas of Interest

Area of Interest Comparative Law

Comparative legal inquiry permeates the Harvard curriculum, ranging from courses focused on other nations to the inclusion of comparative issues in courses on U.S. law to a robust co-curricular program. Its goals include acquainting students with the approaches that other societies take toward the resolution of challenging societal issues and facilitating understanding of the assumptions and choices that inform law in the United States.

From Harvard Law Today

Hls professors, william p. alford.

Jerome A. and Joan L. Cohen Professor of Law

Alan M. Dershowitz

Felix Frankfurter Professor of Law, Emeritus

Charles Donahue

Paul A. Freund Professor of Law

Susan H. Farbstein

Clinical Professor of Law

Noah R. Feldman

Felix Frankfurter Professor of Law

Idriss Fofana

Assistant Professor of Law

Mary Ann Glendon

Learned Hand Professor of Law, Emerita

Vicki C. Jackson

Laurence H. Tribe Professor of Constitutional Law

Reinier H. Kraakman

Ezra Ripley Thayer Professor of Law

Adriaan M. Lanni

Touroff-Glueck Professor of Law

Charles J. Ogletree

Jesse Climenko Professor of Law, Emeritus

Intisar A. Rabb

Professor of Law

Holger Spamann

Lawrence R. Grove Professor of Law

Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law

Kristen A. Stilt

Mark tushnet.

William Nelson Cromwell Professor of Law, Emeritus

Roberto Mangabeira Unger

Roscoe Pound Professor of Law

Visiting Professors & Lecturers

Climenko Fellow and Lecturer on Law

Yas Banifatemi

Lecturer on Law

Mikhal Bar-Asher Siegal

Caroline Zelaznik Gruss and Joseph S. Gruss Visiting Associate Professor in Talmudic Civil Law

Jacques de Werra

Hieken Visiting Professor in Patent Law

Nancy Gertner

Senior Lecturer on Law

Havva Guney-Ruebenacker

Sheila s. jasanoff.

Harvard University Affiliated Professor

Daniel Kahn

Henry J. Steiner Visiting Professor in Human Rights

Aminta Ossom

Hassaan shahawy, daniel l. smail, alain laurent verbeke.

Visiting Professor of Law

Salma Waheedi

Alicia yamin, research programs and centers, animal law & policy program, center on the legal profession, east asian legal studies program, foundations of private law, human rights program, john m. olin center: law, economics and business, julis-rabinowitz program on jewish and israeli law, program in islamic law, program on international law and armed conflict, program on law and society in the muslim world, related courses, additional programs.

• International and Comparative Law Program of Study
• International Legal Studies

Modal Gallery

• Search Menu
• Browse content in Arts and Humanities
• Browse content in Archaeology
• Anglo-Saxon and Medieval Archaeology
• Archaeological Methodology and Techniques
• Archaeology by Region
• Archaeology of Religion
• Archaeology of Trade and Exchange
• Biblical Archaeology
• Contemporary and Public Archaeology
• Environmental Archaeology
• Historical Archaeology
• History and Theory of Archaeology
• Industrial Archaeology
• Landscape Archaeology
• Mortuary Archaeology
• Prehistoric Archaeology
• Underwater Archaeology
• Urban Archaeology
• Zooarchaeology
• Browse content in Architecture
• Architectural Structure and Design
• History of Architecture
• Residential and Domestic Buildings
• Theory of Architecture
• Browse content in Art
• Art Subjects and Themes
• History of Art
• Industrial and Commercial Art
• Theory of Art
• Biographical Studies
• Byzantine Studies
• Browse content in Classical Studies
• Classical History
• Classical Philosophy
• Classical Mythology
• Classical Literature
• Classical Reception
• Classical Art and Architecture
• Classical Oratory and Rhetoric
• Greek and Roman Papyrology
• Greek and Roman Epigraphy
• Greek and Roman Law
• Greek and Roman Archaeology
• Late Antiquity
• Religion in the Ancient World
• Digital Humanities
• Browse content in History
• Colonialism and Imperialism
• Diplomatic History
• Environmental History
• Genealogy, Heraldry, Names, and Honours
• Genocide and Ethnic Cleansing
• Historical Geography
• History by Period
• History of Emotions
• History of Agriculture
• History of Education
• History of Gender and Sexuality
• Industrial History
• Intellectual History
• International History
• Labour History
• Legal and Constitutional History
• Local and Family History
• Maritime History
• Military History
• National Liberation and Post-Colonialism
• Oral History
• Political History
• Public History
• Regional and National History
• Revolutions and Rebellions
• Slavery and Abolition of Slavery
• Social and Cultural History
• Theory, Methods, and Historiography
• Urban History
• World History
• Browse content in Language Teaching and Learning
• Language Learning (Specific Skills)
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Cognitive Linguistics
• Computational Linguistics
• Forensic Linguistics
• Grammar, Syntax and Morphology
• Historical and Diachronic Linguistics
• History of English
• Language Evolution
• Language Reference
• Language Acquisition
• Language Variation
• Language Families
• Lexicography
• Linguistic Anthropology
• Linguistic Theories
• Linguistic Typology
• Phonetics and Phonology
• Psycholinguistics
• Sociolinguistics
• Translation and Interpretation
• Writing Systems
• Browse content in Literature
• Bibliography
• Children's Literature Studies
• Literary Studies (Romanticism)
• Literary Studies (American)
• Literary Studies (Asian)
• Literary Studies (European)
• Literary Studies (Eco-criticism)
• Literary Studies (Modernism)
• Literary Studies - World
• Literary Studies (1500 to 1800)
• Literary Studies (19th Century)
• Literary Studies (20th Century onwards)
• Literary Studies (African American Literature)
• Literary Studies (British and Irish)
• Literary Studies (Early and Medieval)
• Literary Studies (Fiction, Novelists, and Prose Writers)
• Literary Studies (Gender Studies)
• Literary Studies (Graphic Novels)
• Literary Studies (History of the Book)
• Literary Studies (Plays and Playwrights)
• Literary Studies (Poetry and Poets)
• Literary Studies (Postcolonial Literature)
• Literary Studies (Queer Studies)
• Literary Studies (Science Fiction)
• Literary Studies (Travel Literature)
• Literary Studies (War Literature)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Mythology and Folklore
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Dance and Music
• Ethics in Music
• Ethnomusicology
• Gender and Sexuality in Music
• Medicine and Music
• Music Cultures
• Music and Media
• Music and Religion
• Music and Culture
• Music Education and Pedagogy
• Music Theory and Analysis
• Musical Scores, Lyrics, and Libretti
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Performance Practice and Studies
• Race and Ethnicity in Music
• Sound Studies
• Browse content in Performing Arts
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• Feminist Philosophy
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Non-Western Philosophy
• Philosophy of Language
• Philosophy of Mind
• Philosophy of Perception
• Philosophy of Science
• Philosophy of Action
• Philosophy of Law
• Philosophy of Religion
• Philosophy of Mathematics and Logic
• Practical Ethics
• Social and Political Philosophy
• Browse content in Religion
• Biblical Studies
• Christianity
• East Asian Religions
• History of Religion
• Judaism and Jewish Studies
• Qumran Studies
• Religion and Education
• Religion and Health
• Religion and Politics
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Cookery, Food, and Drink
• Cultural Studies
• Customs and Traditions
• Ethical Issues and Debates
• Hobbies, Games, Arts and Crafts
• Lifestyle, Home, and Garden
• Natural world, Country Life, and Pets
• Popular Beliefs and Controversial Knowledge
• Sports and Outdoor Recreation
• Technology and Society
• Travel and Holiday
• Visual Culture
• Browse content in Law
• Arbitration
• Browse content in Company and Commercial Law
• Commercial Law
• Company Law
• Browse content in Comparative Law
• Systems of Law
• Competition Law
• Browse content in Constitutional and Administrative Law
• Government Powers
• Judicial Review
• Local Government Law
• Military and Defence Law
• Parliamentary and Legislative Practice
• Construction Law
• Contract Law
• Browse content in Criminal Law
• Criminal Procedure
• Criminal Evidence Law
• Sentencing and Punishment
• Employment and Labour Law
• Environment and Energy Law
• Browse content in Financial Law
• Banking Law
• Insolvency Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Politics
• Law and Society
• Browse content in Legal System and Practice
• Courts and Procedure
• Legal Skills and Practice
• Primary Sources of Law
• Regulation of Legal Profession
• Medical and Healthcare Law
• Browse content in Policing
• Criminal Investigation and Detection
• Police and Security Services
• Police Procedure and Law
• Police Regional Planning
• Browse content in Property Law
• Personal Property Law
• Study and Revision
• Terrorism and National Security Law
• Browse content in Trusts Law
• Wills and Probate or Succession
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Arts Therapies
• Clinical Science
• Dietetics and Nutrition
• Occupational Therapy
• Operating Department Practice
• Physiotherapy
• Radiography
• Speech and Language Therapy
• Browse content in Anaesthetics
• General Anaesthesia
• Neuroanaesthesia
• Clinical Neuroscience
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Genetics
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Genito-urinary Medicine
• Geriatric Medicine
• Infectious Diseases
• Medical Toxicology
• Medical Oncology
• Pain Medicine
• Palliative Medicine
• Rehabilitation Medicine
• Respiratory Medicine and Pulmonology
• Rheumatology
• Sleep Medicine
• Sports and Exercise Medicine
• Community Medical Services
• Critical Care
• Emergency Medicine
• Forensic Medicine
• Haematology
• History of Medicine
• Browse content in Medical Skills
• Clinical Skills
• Communication Skills
• Nursing Skills
• Surgical Skills
• Browse content in Medical Dentistry
• Oral and Maxillofacial Surgery
• Paediatric Dentistry
• Restorative Dentistry and Orthodontics
• Surgical Dentistry
• Medical Ethics
• Medical Statistics and Methodology
• Browse content in Neurology
• Clinical Neurophysiology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Ophthalmology
• Otolaryngology (ENT)
• Browse content in Paediatrics
• Neonatology
• Browse content in Pathology
• Chemical Pathology
• Clinical Cytogenetics and Molecular Genetics
• Histopathology
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Popular Health
• Caring for Others
• Complementary and Alternative Medicine
• Self-help and Personal Development
• Browse content in Preclinical Medicine
• Cell Biology
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Addiction Medicine
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Learning Disabilities
• Old Age Psychiatry
• Psychotherapy
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Nuclear Medicine
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• General Surgery
• Neurosurgery
• Paediatric Surgery
• Peri-operative Care
• Plastic and Reconstructive Surgery
• Surgical Oncology
• Transplant Surgery
• Trauma and Orthopaedic Surgery
• Vascular Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Natural History
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Analytical Chemistry
• Computational Chemistry
• Crystallography
• Environmental Chemistry
• Industrial Chemistry
• Inorganic Chemistry
• Materials Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Organic Chemistry
• Physical Chemistry
• Polymer Chemistry
• Study and Communication Skills in Chemistry
• Theoretical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Game Studies
• Human-Computer Interaction
• Mathematical Theory of Computation
• Programming Languages
• Software Engineering
• Systems Analysis and Design
• Virtual Reality
• Browse content in Computing
• Business Applications
• Computer Security
• Computer Games
• Computer Networking and Communications
• Digital Lifestyle
• Graphical and Digital Media Applications
• Operating Systems
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Maps and Map-making
• Meteorology and Climatology
• Oceanography and Hydrology
• Palaeontology
• Physical Geography and Topography
• Regional Geography
• Soil Science
• Urban Geography
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Electronics and Communications Engineering
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• History of Engineering and Technology
• Mechanical Engineering and Materials
• Technology of Industrial Chemistry
• Transport Technology and Trades
• Browse content in Environmental Science
• Applied Ecology (Environmental Science)
• Conservation of the Environment (Environmental Science)
• Environmental Sustainability
• Environmentalist Thought and Ideology (Environmental Science)
• Management of Land and Natural Resources (Environmental Science)
• Natural Disasters (Environmental Science)
• Nuclear Issues (Environmental Science)
• Pollution and Threats to the Environment (Environmental Science)
• Social Impact of Environmental Issues (Environmental Science)
• History of Science and Technology
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Metals, Alloying, and Corrosion
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• History of Mathematics
• Mathematical Education
• Mathematical Finance
• Mathematical Analysis
• Numerical and Computational Mathematics
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Development of the Nervous System
• Disorders of the Nervous System
• History of Neuroscience
• Invertebrate Neurobiology
• Molecular and Cellular Systems
• Neuroendocrinology and Autonomic Nervous System
• Neuroscientific Techniques
• Sensory and Motor Systems
• Browse content in Physics
• Astronomy and Astrophysics
• Atomic, Molecular, and Optical Physics
• Biological and Medical Physics
• Classical Mechanics
• Computational Physics
• Condensed Matter Physics
• Electromagnetism, Optics, and Acoustics
• History of Physics
• Mathematical and Statistical Physics
• Measurement Science
• Nuclear Physics
• Particles and Fields
• Plasma Physics
• Quantum Physics
• Relativity and Gravitation
• Semiconductor and Mesoscopic Physics
• Browse content in Psychology
• Affective Sciences
• Clinical Psychology
• Cognitive Psychology
• Cognitive Neuroscience
• Criminal and Forensic Psychology
• Developmental Psychology
• Educational Psychology
• Evolutionary Psychology
• Health Psychology
• History and Systems in Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Psychological Assessment and Testing
• Psychology of Human-Technology Interaction
• Psychology Professional Development and Training
• Research Methods in Psychology
• Social Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Anthropology of Religion
• Human Evolution
• Medical Anthropology
• Physical Anthropology
• Regional Anthropology
• Social and Cultural Anthropology
• Theory and Practice of Anthropology
• Browse content in Business and Management
• Business Ethics
• Business Strategy
• Business History
• Business and Technology
• Business and Government
• Business and the Environment
• Comparative Management
• Corporate Governance
• Corporate Social Responsibility
• Entrepreneurship
• Health Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• International Business
• Knowledge Management
• Management and Management Techniques
• Operations Management
• Organizational Theory and Behaviour
• Pensions and Pension Management
• Public and Nonprofit Management
• Strategic Management
• Supply Chain Management
• Browse content in Criminology and Criminal Justice
• Criminal Justice
• Criminology
• Forms of Crime
• International and Comparative Criminology
• Youth Violence and Juvenile Justice
• Development Studies
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Asian Economics
• Behavioural Finance
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic History
• Economic Systems
• Economic Methodology
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• General Economics and Teaching
• Health, Education, and Welfare
• History of Economic Thought
• International Economics
• Labour and Demographic Economics
• Law and Economics
• Macroeconomics and Monetary Economics
• Microeconomics
• Public Economics
• Urban, Rural, and Regional Economics
• Welfare Economics
• Browse content in Education
• Adult Education and Continuous Learning
• Care and Counselling of Students
• Early Childhood and Elementary Education
• Educational Equipment and Technology
• Educational Strategies and Policy
• Higher and Further Education
• Organization and Management of Education
• Philosophy and Theory of Education
• Schools Studies
• Secondary Education
• Teaching of a Specific Subject
• Teaching of Specific Groups and Special Educational Needs
• Teaching Skills and Techniques
• Browse content in Environment
• Applied Ecology (Social Science)
• Climate Change
• Conservation of the Environment (Social Science)
• Environmentalist Thought and Ideology (Social Science)
• Natural Disasters (Environment)
• Social Impact of Environmental Issues (Social Science)
• Browse content in Human Geography
• Cultural Geography
• Economic Geography
• Political Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• African Politics
• Asian Politics
• Chinese Politics
• Comparative Politics
• Conflict Politics
• Elections and Electoral Studies
• Environmental Politics
• European Union
• Foreign Policy
• Gender and Politics
• Human Rights and Politics
• Indian Politics
• International Relations
• International Organization (Politics)
• International Political Economy
• Irish Politics
• Latin American Politics
• Middle Eastern Politics
• Political Behaviour
• Political Economy
• Political Institutions
• Political Methodology
• Political Communication
• Political Philosophy
• Political Sociology
• Political Theory
• Politics and Law
• Public Policy
• Public Administration
• Quantitative Political Methodology
• Regional Political Studies
• Russian Politics
• Security Studies
• State and Local Government
• UK Politics
• US Politics
• Browse content in Regional and Area Studies
• African Studies
• Asian Studies
• East Asian Studies
• Japanese Studies
• Latin American Studies
• Middle Eastern Studies
• Native American Studies
• Scottish Studies
• Browse content in Research and Information
• Research Methods
• Browse content in Social Work
• Addictions and Substance Misuse
• Adoption and Fostering
• Care of the Elderly
• Child and Adolescent Social Work
• Couple and Family Social Work
• Developmental and Physical Disabilities Social Work
• Direct Practice and Clinical Social Work
• Emergency Services
• Human Behaviour and the Social Environment
• International and Global Issues in Social Work
• Mental and Behavioural Health
• Social Justice and Human Rights
• Social Policy and Advocacy
• Social Work and Crime and Justice
• Social Work Macro Practice
• Social Work Practice Settings
• Social Work Research and Evidence-based Practice
• Welfare and Benefit Systems
• Browse content in Sociology
• Childhood Studies
• Community Development
• Comparative and Historical Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Marriage and the Family
• Migration Studies
• Occupations, Professions, and Work
• Organizations
• Population and Demography
• Race and Ethnicity
• Social Theory
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Sociology of Education
• Sport and Leisure
• Urban and Rural Studies
• Browse content in Warfare and Defence
• Defence Strategy, Planning, and Research
• Land Forces and Warfare
• Military Administration
• Military Life and Institutions
• Naval Forces and Warfare
• Other Warfare and Defence Issues
• Peace Studies and Conflict Resolution
• Weapons and Equipment

• < Previous
• Next chapter >

1 Introduction: What Is Comparative Law?

• Published: February 2019
• Cite Icon Cite
• Permissions Icon Permissions

This introductory chapter provides an overview of comparative law. Comparative law involves research into foreign legal systems. It cannot be limited to a simple analysis of the legal situation as revealed by legal texts. Rather, the comparative lawyer must also take into account the realities of law in action in a country. Comparative law then requires an evaluation of the legal results found for each country under scrutiny. Once the comparative lawyer determines which differences and similarities exist in the solutions found by different legal systems, the comparative lawyer can approach the central question of comparative law: the classification and evaluation of these results. The chapter then differentiates comparative law from foreign law studies.

Signed in as

Institutional accounts.

• Google Scholar Indexing
• GoogleCrawler [DO NOT DELETE]

Personal account

• Sign in with email/username & password
• Get email alerts
• Save searches
• Purchase content
• Activate your purchase/trial code

Institutional access

• Sign in with a library card Sign in with username/password Recommend to your librarian
• Institutional account management
• Get help with 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.

• Click Sign in through your institution.
• Select your institution from the list provided, which will take you to your institution's website to sign in.
• When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
• Following successful sign in, you will be returned to 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:

• Click Sign in through society site.
• When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

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.

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:

• View your signed in personal account and access account management features.
• View the institutional accounts that are providing access.

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.

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.

Our books are available by subscription or purchase to libraries and institutions.

• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Rights and permissions
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Comparative Constitutional Law Research: Journals

• Getting Started
• Web Resources

A number of periodicals offer coverage of topics related to international and foreign antitrust.  These titles are listed at right.  To access most of the electronic titles, you must be on a Loyola campus terminal, or have a valid Loyola user ID and password for remote access.  Note that many law reviews and journals focusing on international law also publish articles on international and foreign competition law. The texts of international law reviews and journals are available in Westlaw , LexisNexis , and HeinOnline , which are all subscription databases. Please see the "Databases" tab for further information on subscription databases. 

Index to Foreign Legal Periodicals

SSRN is an electronic repository for international social sciences scholarship that includes the Legal Scholarship Network (LSN).  Thousands of downloadable abstracts, working papers, and published papers are available without charge.  Materials may be dowloaded anonymously or with an individual login/password (free).

Periodicals (Electronic Format)

The following periodicals cover topics related to comparative constitutional law.  The database where the full text of the journal is available is listed after the publication title, although only indexing is available for some of the more recent issues of some journals. Note that journals focusing on constitutional law generally may include comparative law in their scope.  There are also journals that focus on comparative law generally that may contain articles on constitutional law topics.  

• Constitutional Forum (HeinOnline)
• Constitutional Review (Open Access) Published by the Constitutional Court of Indonesia.
• Global Constitutionalism (HeinOnline)
• International Journal of Constitutional Law (HeinOnline)
• Vienna Journal on International Constitutional Law (HeinOnline)

Kluwer Law International Journal Library

• Kluwer Law International Journal Library - HeinOnline This link opens in a new window HeinOnline's Kluwer Law International Journal Library provides full-text access to 23 Kluwer Law International Journals, including: Air and Space Law, Arbitration International, World Trade and Arbitration Materials, International Journal of Comparative Labour Law & Industrial Relations, European Public Law, European Review of Private Law, and Legal Issues of Economic Integration. Documents can be viewed as high quality scanned images of the original print pages, and can be printed or downloaded and saved as PDF files.

Google Scholar

Google Scholar provides a search mechanism to locate scholarly literature across multiple disciplines, including law.  Search results on campus will indicate whether the source is available full text through a Loyola database.  Off campus, users may go to the "Settings" link and then "Library Links" to set up results that show links to LUC full text databases. 

SmartCILP is a fee-based legal bibliographic service that allows users to set up a profile, based on areas of interest.  Each week, users receive a list of new articles in law reviews and journals that pertain to their profile from the Current Index to Legal Periodicals .  Some subject headings related to comparative constitutional law are: "Comparative and Foreign Law," "Constitutional Law, Generally." This service is available only to Loyola Law School faculty, staff, and students. Please see a reference librarian in the Law Library to sign up. 

• << Previous: Books
• Next: Databases >>
• Last Updated: Feb 12, 2024 3:39 PM
• URL: https://lawlibguides.luc.edu/comparativeconstitutionallaw

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

•  We're Hiring!
•  Help Center

Comparative Public Law

• Most Cited Papers
• Most Downloaded Papers
• Newest Papers
• Save to Library
• Last »
• Comparative Constitutional Law Follow Following
• Public Law Follow Following
• Constitutional Law Follow Following
• Constitutional Theory Follow Following
• Comparative Law Follow Following
• Law Follow Following
• European Constitutional Law Follow Following
• Comparative administrative law Follow Following
• European Law Follow Following
• European Constitutionalism Follow Following

Enter the email address you signed up with and we'll email you a reset link.

• Academia.edu Publishing
•   We're Hiring!
•   Help Center
• Find new research papers in:
• Health Sciences
• Earth Sciences
• Cognitive Science
• Mathematics
• Computer Science
• Academia ©2024

Comparative Legal Research: A Brief Overview

• Vellah Kedogo Kigwiru

January 25, 2020 Introduction

Fombad has argued that, legal research on any legal system, legal traditions or topic is either explicitly or implicitly comparative because none is self-contained or self-reliant. Comparative legal research and comparative law is evolving and attracting a lot of attention in the legal scholarly work. Africa , as a region is not an exception.  It is very common in Africa to come across research papers or thesis dissertations at undergraduate, masters and doctorate level, where the authors assert that they are undertaking a comparative study.  In most cases, the comparative legal research will involve countries beyond the African borders, or doctrines that have evolved and are more established in other jurisdictions. But do the outcome of the research reflect a comparative legal research or what should authors consider when selecting a comparative research method? In short, at what point does a researcher conclude that, indeed, a comparative study is relevant for their research project? It was during my own research presentation, when I posited that, my study was a comparative study between the European Union (EU) and Common Market for Eastern and Southern Africa (COMESA), I realized despite having used the term ‘comparative analysis’ on various occasions, it was more than what I had contemplated. The questions that followed left me dumbfounded and I could not answer them clearly and with certainty. The questions asked were: how was my study an actual comparative study?; why a comparative study?; why did I choose the EU and not the US or any other existing regional regime in Africa?; what was the ‘construct equivalence’?; what was I going to compare? and why the comparison?; how was I going to compare the two?; and which method of data collection was I going to use in carrying out the comparative analysis? Finally, what was my research question and how was I going to use both cases to provide an answer? Was a comparative research necessary? Would I still answer my research question and objectives without a comparative study? The essence of these questions border on understanding comparative research methods . It also seeks to enable a researcher answer the why, where, what, when and how questions in selecting a research method and design.  Having difficulty answering these questions I decided to delve further into what comparative research method constitutes by attending research methods classes and reviewing available literature on comparative research methods  and I hope this article helps anyone who is seeking to employ a comparative legal research. Selecting a research method and design

Before you select any research method and design, the first thing as a researcher, is to formulate a clear research question informed by your research topic, aim, interests and theoretical framework. The assumption is that, you have selected a research topic that not only interests you, but is relevant and contributes to the ongoing conversation. The next step as vogt provides is to select a research design and method that will provide an answer to the research question. This implies that, you must have a great understanding of research methods and designs as noted by Cane and Kritzer in his detailed book  on empirical legal research. Choosing a research method or design is not easy and it is not exclusive either. A researcher can employ mixed methods if necessary to provide an answer to the research question and provide evidence to their argument in a logical manner. What is comparative legal research?

As this article focuses on comparative legal research, before choosing to employ it, it is critical to understand what it constitutes .   Hoecke notes that, ‘researchers get easily lost when embarking on a comparative legal research. The main reason being that there is no agreement on the kind of methodology to be followed, nor even on the methodologies that could be followed’. According to   Paris the lack of definition of what comparative law is, or what the method of comparative law is has exacerbated the situation. Despite these concerns, comparative legal research emanates from comparative research methods which is the study of more than two or more macro-level units with the aim of explaining the differences and similarities between the units of analysis. The term ‘comparative’ implies that, a researcher seeks to compare one subject with another. At the core of comparative research methods, some authors argue that some extent of similarities referred to as, the ‘ comparability’  or ‘ construct equivalence’ should exist.  Esser and Vliegenthart assert, ‘a key issue in concluding comparative empirical research is to ensure equivalence, that is, the ability to validly collect data that are indeed comparable between different contexts and to avoid biases in measurement, instruments and sampling`.  Yet, in real life scenarios, ‘comparability’ may not reflect similarities. Explaining equivalence is also undermined by the single reason that, meaning of any concept is contextual. Örücü   has argued that the concept of comparability which stipulates that things to be compared must be comparable is not entirely practical. What a researcher requires to show, is why they believe that the two unit of analysis should be compared by studying both similarities and diversity and taking into consideration the social context. Understanding the aim and goal of comparative study is therefore critical. This takes us to the next question, why comparative legal research? Why comparative legal research?

After understanding, what is comparative legal research, you have to justify why you selected it. Paris posits that, ‘the researcher in a comparative law, while going through the different stages of the comparative analysis, has to set her own parameters of research within the theoretical framework provided in the comparative law literature and has to justify the direction she chooses to give as regards her methodological choices. In short, the researcher has to master the art of justifying her choices about why and how she uses comparative law’. In answering the why question, it will be prudent to understand the aims and theoretical underpinnings of comparative research methods which seek to provide conclusions beyond single cases. Mills and others argue that, ‘the underlying goal of comparative analysis is to search for similarity and variance’. According to Wilson , ‘by looking overseas, by looking at the other legal systems, it has been hoped to benefit the national legal system of the observer, offering suggestions for future developments, providing warnings of possible difficulties, giving an opportunity to stand back from one’s own national system and look at it more critically, but not to remove it from first place on the agenda’ . In the modern globalized world and multidisciplinary research, comparative legal research is not limited to the analysis of national legal systems as was conceptualized in the 19 th and 20 th century.  Further the traditional aims of comparative legal studies which sought to harmonize laws especially in the Europe are questionable in the modern age. For instance, after colonization, most of the African countries adopted laws that were entirely a transplant of their former colonies as a result of western imperialism missing the contextualization of the African societies. This has led to massive reforms of the laws to reflect the realities in the various African societies. Scholars such as Shako have called for the need to dismantle the legacies of colonization. Justifying the case selection

As you seek to justify why you selected comparative legal research methods, another hurdle is justifying case selection. Case selection and the sampling in comparative research methods is closely linked to the concept of ‘comparability’ and ‘construct equivalence’ as discussed above. As a researcher you must carry out a thorough contextual approach. This will involve considering the historical and socio-economic context of the subjects under study to provide a better understanding and avoid unnecessary biasness. In essence case selection, narrows down to the ‘why’ question and understanding the aim of comparative research methods. For instance, you can use comparative analysis where a doctrine originated in a certain jurisdiction and it is well embedded to inform its application in another jurisdiction where the doctrine is still novel. So, before you indicate that you are carrying out a comparative analysis study between Nigeria and the US, on the fight against terrorism, you must justify why you chose US and not Kenya. For guidance see Erbele , Eser , Fombad . Epstein and Martin ,   Cane and Kritzer . You have justified why you selected a comparative legal research to answer your research question and also your case selection, the next hurdle is to explain how you are going to use the comparative legal research design. In what way are you going to compare these two cases? Hoecke, posits six methods for comparative research: ‘the functional method, the structural method, the analytical method, the law-in-context method, the historical method and the common-core method’.  To understand these methods and how you can employ each  see Michaels , Karst , Monateri , Leckey , Eberle , and Frohlich . Conclusion

As this blog article is limited to word limit, we cannot discuss everything related to comparative research methods in legal studies. However, before employing a comparative legal research method, understand what it entails, why you are adopting, justify the case selection and sampling. Finally, be very clear how you are going to carry out the comparative analysis.

• European Union (EU)
• Common Market for Eastern and Southern Africa (COMESA)
• Colonization

Topic Research Guides: Comparative Law

• Law Home This link opens in a new window

Legislation

• Tertiary & Secondary
• Lessons & Help
• Topic Research Guides
• AGLC Guide This link opens in a new window

Comparative Law texts are shelved at 340.2

Subject terms to search in the catalogue include: Comparative law

Comparative Law text that focus on a particular area of law - such as comparative constitutional law, comparative criminal law and comparative contract law - are shelved through the Law Library. Search the Library Catalogue to locate these texts.

There are a variety of useful texts for this area of the law, some include:

• The Cambridge companion to comparative law / edited by Mauro Bussani and Ugo Mattei
• Concise introduction to comparative law / Prof. Dr. Michael Bogdan
• Legal traditions of the world : sustainable diversity in law / H. Patrick Glenn
• The Oxford handbook of comparative constitutional law / edited by Michel Rosenfeld and András Sajó

Max Planck Encyclopedia of Public International Law

Principles, Definitions and Model Rules of European Private Law Draft Common Frame of Reference (DCFR)

Researching Comparative Constitutional Law  - GlobaLex

Journals and Indexes

Key journals in this area include:

• Duke Journal of Comparative & International Law
• European Journal of Comparative Law and Governance   (3 year embargo on full text articles)
• Indonesian Journal of International & Comparative Law
• Journal of Comparative Law
• Journal of International and Comparative Law
• Loyola of Los Angeles International and Comparative Law Journal
• Maastricht Journal of European and Comparative Law
• Notre Dame Journal of International and Comparative Law

Key Databases include:

• ​ CaseBase  (Index to Australian cases and journals)
• HeinOnline  - Includes foreign and international law resources database, the US "Treaties and Agreements" library, and the European Center for Minority Issues
• Informit  - AGIS Plus text, APAFT – (Australian legal journals and newspapers)
• Kluwer International Journals  (now available through SpringerLink Journals )
• Oxford Academic Journals   (multidisciplinary)

Oxford Reports on Public International Law

Oxford University Comparative Law Forum

• Westlaw Classic  – Legal Journals Index (UK), ILM, Legal Journals Index
• Westlaw UK
• WorldLII - International Law collection
• Bodleian Library Comparative Law Study Guide

Comparative Competition Law

HeinOnline World Constitutions Illustrated

Members of the Free Access to Law Movement (FALM ) Provides links to Country based organisations providing freely available case law, legislation, law reform and secondary sources.

EUR-Lex  provides free access to EU law, Preparatory Acts, Case Law, Agreements and other public documents

Global and Comparative Law Resources  - Library of Congress 

Global Legal Monitor

GlobaLex  - Foreign, Comparative and International Law

International Academy of Comparative Law

International Chamber of Commerce  (ICC)

International Court of Justice

LegiGlobe - legal systems of the world

LLRX guide to Comparative and Foreign Law

Oxford Public International Law

Peace Palace Library

UNIDROIT  - Organisation for the unification of international private law

Union of International Associations  Links to selected organizations

United Nations:

United Nations Home Page

Directory of United Nations System Organizations

Official Web Site Locator  for United Nations System of Organization

United Nations System of Organizations Alphabetic Index of Websites  of the United Nations System of Organizations

United Nations Documents

United Nations Document Search

United Nations Office on Drugs and Crime

WTO  - World Trade Organisation

• Last Updated: Mar 15, 2024 3:40 PM
• URL: https://libguides.murdoch.edu.au/lawtopics

• Media Queries

National Law School of India University

• About NLSIU
• Vice Chancellor’s Message
• Governing Bodies
• The School Review Commission 2023-24
• Committees & Chairs at NLSIU
• Contact Details – People
• Right to Information
• Rules and Regulations
• Financial Statements
• Course Catalogue
• Academic Records
• 5-Year BA LLB (Hons)
• 3-Year LLB (Hons)
• Master’s Programme in Public Policy
• Ph.D (Interdisciplinary)
• Online and Hybrid Programmes
• Student Exchange Programme
• Admissions FAQs
• FAQs | Admission of Karnataka Students to NLSIU
• Publications
• Scholarship Repository
• Reaching the Campus
• Campus Life
• Colleges@NLSIU
• Conduct & Safety
• Health & Wellness
• Mental Health and Emotional Well-Being
• Accessibility
• Student Bar Association
• Student Clubs & Activities
• The Writing Centre (TWC)
• Careers & Internships
• Birds on Campus
• Work With Us
• NLS Faculty Seminars
• The NLS Public Lecture Series
• Special Lectures
• Institute of Public Policy Series | 50 Years of A Theory to Justice
• Tenders & Quotations
• Alumni Videos
• Newsletters | The NLS Dispatch
• Giving Month
• Blog Submission Guidelines

CPLG808 | Comparative Public Law and Governance

Course information.

• Academic Year 2020-21
• Course Number CPLG808
• Programme LL.M.
• Term Nov 2020
• Course Type Core Course

Comparative Public Law and Governance is a mandatory course for all students enrolled in the LL.M Programme at NLSIU.

This course aims to provide an in-depth exploration of comparative methods in general, and the use of such methods in the study of public law and governance in particular. While using legal materials from other jurisdictions is common, both in legal studies and in the drafting and interpretation of our laws, we seldom query why and whether we should compare, what we should compare, and how we should go about engaging in the comparison. These questions, applied to the domain of public law and governance, form the crux of this course. Central to this inquiry is also an acknowledgment of our location as a post-colony situated in the Global South, and we will repeatedly query whether this location should shape, and how, our evaluation of comparative methods. The ultimate aim of the course is to gain a better understanding of comparative methods in law, as well as insights into public law and governance in India, through a comparative inquiry.

The course will proceed through a reading of scholarship on comparative methods in legal studies generally, and the application of such methods to the study of public law and governance, especially to constitutional law. This is a reading intensive course. A detailed and extensive reading list has been supplied along with this outline. Do not feel intimidated by the size of the readings! The expectation is that students will ‘skim-read’ the texts to understand (a) what are the core issues being addressed in the paper? (b) how does the author respond to these issues? (c) what is the (implicit or explicit) method employed by the author in raising and responding to these issues (d) how do these issues relate to Indian constitutional law, practice and politics.

A methodological approach that will guide our endeavours is that comparisons in law requires an understanding of the context in which legal rules from the ‘foreign’ jurisdiction operate. To give us an introductory, and necessarily brief, insight into such contexts, I will be inviting guest speakers from various jurisdictions to give us an overview of their constitutional system.

Since this course is a masters level offering, classroom discussions will focus on collectively relating the assigned material and relating them to issues and concerns in Indian public law and governance. Starting from Week 2, each student will be required to write response papers for two sessions (sign up details will be provided in the introductory session). Classroom discussions will proceed through a seminar style engagement rather than through lectures. I will assume that you have read the material and will conduct the class and design the evaluation accordingly.

Associate Professor of Law

• Bibliography
• More Referencing guides Blog Automated transliteration Relevant bibliographies by topics
• Automated transliteration
• Relevant bibliographies by topics
• Referencing guides

Dissertations / Theses on the topic 'Comparative public law'

Create a spot-on reference in apa, mla, chicago, harvard, and other styles.

Consult the top 50 dissertations / theses for your research on the topic 'Comparative public law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

Cabral, Harsha, and n/a. "Corporate law, derivative actions : a comparative approach." University of Canberra. Law, 1999. http://erl.canberra.edu.au./public/adt-AUC20060622.163443.

Foster, S. E. "The public right of navigation : a comparative study." Thesis, Nottingham Trent University, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.356310.

Al-Hajeri, Abdul-Rahman R. "Sanctions in public works contracts : a comparative study." Thesis, King's College London (University of London), 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.261869.

Donnelly, John Bede, and mikewood@deakin edu au. "Concepts and principles in unjust enrichment: A comparative study." Deakin University. School of Law, 2004. http://tux.lib.deakin.edu.au./adt-VDU/public/adt-VDU20060816.152421.

Willing, Tim Maximilian. "Public interest influences in competition law : a comparative analysis of South Africa and Germany." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20798.

Mortimer, Shari Ann. "A Comparative Study of Environmental Policy: The United States and Japan." W&M ScholarWorks, 1994. https://scholarworks.wm.edu/etd/1539625905.

Newman, Christopher J. "Optimal pathways for low-level public order law : cross-jurisdictional perspectives and comparative standardizations." Thesis, University of Sunderland, 2011. http://sure.sunderland.ac.uk/3792/.

Adam, Aisha. "Resolving Dismissal Disputes: A Comparative Analysis of Public Arbitration Bodies in South Africa and England." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29771.

Pal, Maia. "The politics of extraterritoriality : a historical sociology of public international law." Thesis, University of Sussex, 2013. http://sro.sussex.ac.uk/id/eprint/45248/.

Allison, John William Francis. "The justification for an English distinction between public and private law : a historical and comparative analysis." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260338.

Chan, Kathryn. "The public-private nature of charity law in England and Canada." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a77dd8a0-9a94-46f0-9e83-761103f45655.

Novikova, O. V. "Overriding rules and public policy in private international law : a comparative analysis with particular reference to English and Russian law." Thesis, University of Essex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.502133.

Lamlert, Wariya, and n/a. "International Uncertainty in the Exceptions for Individual Use in Copyright Law: A Comparative Study of Australia and Thailand." University of Canberra. School of Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20080912.140432.

Brennecke, Nicolas. "Facilitating public interest environmental litigation through locus standi: a comparative analysis of South Africa and Germany." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24981.

Kika, Musa. "Fashioning judicial remedies that work in a constitutional society – Establishing a framework for a functional approach to the awarding of constitutional damages in South African law and comparative jurisdictions." Doctoral thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31479.

Lamlert, Wariya. "International uncertainty in the exceptions for individual use in copyright law : a comparative study of Australia and Thailand /." Canberra, 2007. http://erl.canberra.edu.au/public/adt-AUC20080912.140432/index.html.

李敏. "A case study on legal transplant : public participation in Chinese environmental governace." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120153.

Filipon, Liviu Serban. "Non-traditional regular purchasing arrangements in public procurement : a doctrinal and comparative analysis of regulation and implementation systems." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52696/.

Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.

Gitonga, Robert Kaniu. "Social and political goals of mergers in competition law: comparative analysis of the efficiency and public interest provisions in Kenya and South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16538.

Yin, Yinan. "A comparative study on liability issues concerning maritime transportation of dangerous goods : international and Chinese perspectives." Thesis, University of Central Lancashire, 2017. http://clok.uclan.ac.uk/20926/.

Fionda, Julia Alison. "The prosecutor as a sentencer : a comparative study of the role of the public prosecutor in Scotland, the Netherlands and Germany." Thesis, University of Southampton, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333582.

Kreymborg, Dorothea. "Going private with public concern : a comparative study of going private techniques under Canadian and German law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80934.

Lee, Edwin Chung-tat. "A comparative study of project partnering in the private and public sectors of the Hong Kong construction industry." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833763a.pdf.

Stuelpe, Bonnie J. "A comparative analysis of the impact of public laws 209 and 390 on Indiana textbook rental programs." Virtual Press, 1989. http://liblink.bsu.edu/uhtbin/catkey/720334.

Larson, Jeffrey B. "Framework for descriptive and comparative cost analysis of public and nonpublic special education programs." Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/53884.

Podile, Podile Jonas. "A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia." University of the Western Cape, 2019. http://hdl.handle.net/11394/7052.

Johnsson, Linnéa, and Anna Wiman. "An analysis of the Swedish web accessibility law through two public sector websites : A comparative study on the Student Financial Aid,and the Public Employment Service." Thesis, Jönköping University, Tekniska Högskolan, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-48107.

Brand, Dirk Johannes. "Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2005. http://hdl.handle.net/10019.1/1167.

Kelesidis, Dionysios. "Recherche comparative sur la notion de pouvoir adjudicateur et d'entité adjudicatrice." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D032.

Durrieu, Roberto. "Rethinking money laundering offences : a global comparative analysis." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:a9511b88-fec2-40ce-86ec-e5ef380cb0ca.

Talapina, Elvira. "Contribution à la théorie du droit public économique par l'analyse comparative du droit français et du droit russe." Phd thesis, Université de la Réunion, 2011. http://tel.archives-ouvertes.fr/tel-00867003.

Juzapavicus, Erin A. "A comparative legal study of free society and control when dealing with the Internet and beyond." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/319.

Corduas, Alberto. "La transition énergétique à l’épreuve du droit public économique : étude comparée du secteur électrique français et italien." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100165.

Landa, Arroyo César. "The comparative constitutional law on national constitutional system: with regard to the IX World Congress of Constitutional Law." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116290.

Zouridakis, Georgios. "The introduction of the derivative action into the Greek law on public limited companies as a means of shareholder protection : a comparative analysis of the British, German and Greek law." Thesis, University of Essex, 2016. http://repository.essex.ac.uk/17136/.

Brase, Susanne. "Public figures' right to privacy, private law constraints on the media's rights to access and to publish information : a Canadian-German comparative study." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ36006.pdf.

Trinkle, Daniel. "Comparative Views on Age Discrimination Within Appellate Court Decisions: Utilizing Werner and Bolino’s Framework." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/honors/609.

Franco, Olivia. "L’ordre public, obstacle à l’harmonisation ou trait d’union entre les droits ? L’exemple du droit des sociétés et des procédures d’insolvabilité : étude de droit européen et de droit comparé." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100098.

Reis, Gabriel Mattos Tavares Valente dos. "Por uma análise cosmopolita da determinação da lei aplicável." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-22042013-114640/.

Monzon, Paez Fernando. "La notion de fonctionnaire public comme catégorie du droit administratif : une proposition pour Cuba." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100086.

Paasch, Jesper M. "Standardization of Real Property Rights and Public Regulations : The Legal Cadastral Domain Model." Doctoral thesis, KTH, Fastighetsvetenskap, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-96760.

QC 20120629

Gaxie, Louise. "La construction des services publics en Europe : contribution à l’élaboration d’un concept commun." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100175/document.

Li, Jerry. "Institutional Influences on the Political Attainment of Chinese Immigrants: Ethnic Power Share, Citizenship Acquisition Law, and Discrimination Law." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1942.

Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.

Kiviorg, Merilin. "Freedom of religion or belief : the quest for religious autonomy." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6c5916d8-d69d-4f2d-91e5-a5586f8abd4b.

Etemire, Uzuazo. "Law and practice on public access to environmental information and participation in environmental decision-making : a comparative analysis of Nigerian legal regime with international best practice." Thesis, University of Strathclyde, 2014. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=25556.

Hotchkiss, Nikole. "Taking aim a comparative study of target groups and the formation of contemporary counterterrorism policy in France and the United States /." [Bloomington, Ind.] : Indiana University, 2009. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3378354.

Everly, Macklin Keith. "Multicultural Public Policy and Homegrown Terrorism in the European Union." Wright State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=wright1409088787.

Griffaton-Sonnet, Léo. "L'accès aux informations détenues par les agents publics : Allemagne, France, Royaume-Uni." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D091.

Comparative Public Law

• Post author By ashwin
• Post date December 5, 2021
• PUBLIC LAW- AN INTRODUCTION

In general terms, a state is defined as an independent political entity, occupying a defined territory, the members of which are united together for the purpose of resisting external force and preservation of internal order [1] . This definition highlights the ‘police functions’ of the state. However, the modern-day functions of the state are not limited to mere policing, rather, the state has become a ‘welfare state’ wherein it plays a key role by protecting and promoting the socio-economic development of its citizens, right from cradle to the grave.

For the purpose of discharging the wide range of functions entrusted to the state, it becomes necessary to establish certain basic organs or instrumentalities, which would act on the state’s behalf and assist the state in fulfilling its obligations. This highlights the need for different organs of government and the subsequent need for constitutional and administrative law to regulate the functioning of such organs.

With respect to discharging of functions by state, the law of the land can be divided into two broad headings, law governing the state and its relationship with the citizens, and the law governing and regulating the affairs of the citizens. Constitutional Law, Administrative Law and Public International Law come under the ambit of the former category of law i.e. the public law, and the law relating to Contracts, Torts, Property come under the ambit of the latter category i.e. the private law.

Learn more about Public International Law with Enhelion’s Online Law firm certified Course! 

Therefore, public law can be considered as the body of law which governs the state and its organs and the relationship of private subjects (including both individuals and artificial legal personalities) with the state and its organs (legislature, executive, and judiciary).

• COMPARATIVE LAW- MEANING AND DEVELOPMENT

Comparison is a logical and inductive method of reasoning which helps an individual to objectively identify the merits and demerits of any norm, practice, system, procedure or institution, as compared to that of others or their own. People indulge in comparisons in day-to-day transactions as well, while purchasing goods or services, investing, learning, choosing an appropriate leader for themselves or in their personal lives.

Comparative study becomes a tool that assists an individual in arriving at a decision. It is often used in various disciplines, both in natural and social sciences.

With reference to the field of law, comparative analysis involves an evaluation of human experiences occurring in the legal regimes of different jurisdictions in different situations. The comparative study of laws of different states is termed comparative law. It is not a legal text or body of rules, rather more of a method.

Montesquieu in his book De l’esprit des lois [2] adopted a comparative approach by analyzing the punishments specified under the penal laws in France and Engalnd. Therefore, he is often known as the ‘Father of comparative law’. Further, Professor Bernard Schwartz is considered one of the first in the common law countries to realize the growing importance of comparative law in the modern world [3] .

In modern times, globalization and liberalization led to a boom in the trade relations of different states. This led to the creation of interconnectivity between different sectors of various nations. This made comparative law indispensable. Taking note of the necessity of comparative law, the First International Congress of Comparative Law was held in Paris in 1990, which acknowledged and analyzed the comparative method of the law.

With specific reference to India, comparative law was used as early as in the pre-independence era when the Law Commission of India deliberated on different models and policies relating to criminal liability in common law and civil law, in addition to the existing indigenous law of different parts of India, during the formulation of the Indian Penal Code [4] .

• COMPARATIVE PUBLIC LAW- MEANING AND DEVELOPMENT

Taking into consideration the meaning and implications of public law and comparative law, comparative public law can be defined as a comparative study or analysis of the laws of different countries which govern the state and its relationship with its subjects. Therefore, it encompasses the comparative study of constitutional as well as administrative law of different jurisdictions.

Comparative public law has played a key role in the drafting of constitutions of new democracies like India. According to Upendra Baxi,

“ constitution makers everywhere remain concerned with the best constitutional design, however, that ‘best’ consists in ‘shopping’ around available models and adapting to their needs and aspirations. The eventual mix, is constrained by history interlaced with future-looking aspirations for social transformation .” [5]

The role of comparative public law is very evident in the Indian Constitution. During the drafting of the Indian Constitution, the discussion on preamble [6] , fundamental rights [7] , directive principles of state policy [8] , parliamentary form of government [9] , federalism [10] , judicial review, [11] amendments, [12] equality before law [13] , equal protection of law [14] etc. were primarily adopted after a comparative analysis of the constitutional laws in the United States of America, United Kingdom, Canada, Ireland, Australia and others.

The role of comparative public law does not stop after the Constitution has been drafted. Subsequent constitutional developments take place through judicial decisions and academic research based on the use of foreign precedents and comparative constitutional literature. In a number of landmark judgments of the Supreme Court of India, relating to equality, expressional freedom, business, property right, right to life and personal liberty, death penalty, right to privacy, religious freedom and minority rights, one can find reference to foreign judgments in the course of interpretation of constitution and laws. [15]

• Globalisation and advancement of technology

The study of comparative public law, though in its nascent stage, has gained popularity due to industrialisation, globalisation and liberalisation. Countries do not exist in isolation and the world has now become one global market due to the fast-emerging technologies and dissolving national boundaries. Individuals have started to perceive every aspect of their lives in the global context. For example, the issue of personal liberty and privacy in the era of technological developments has created issues that required the extension and acknowledgement of traditional constitutional principles to cyberspace.

In light of this era, the social, economic and legal problems faced by many countries are either of a similar kind or transnational. Therefore, the role of comparative public law comes into the picture by firstly, analysing the stand taken by other jurisdictions with regard to the issue which one state is facing now, and secondly, by addressing the transnational issues with international cooperation, for which a clear understanding of laws of other nations is required.

• Interpretation of laws

Comparative public law plays an important role by helping the judiciary in discharging their function in primarily two ways-

• When there is a need to interpret certain aspects of law which have not been discussed in great detail by the legislature

If the judiciary is faced with a situation wherein there is a need to interpret the law, but the intention of the legislature is not very clear, the judiciary can rely on the comparative interpretation of laws in different jurisdictions to get an understanding as to what could be beneficial to the society at hand. In doing so, it can either apply the same interpretation or modify it, by tailoring it to the present as well as the future needs of the society.

• When there is a lacuna in the existing law of the land

There is a general presumption that all the countries of the world face more or less the same or similar kind of issues relating to public law and therefore, a comparative study of different legal systems with respect to their approach of tackling the issue prove helpful in addressing the issues faced in different jurisdictions.

Therefore, if a situation arises wherein the law of the land has not addressed a particular legal issue, the judiciary can take recourse to comparative public law analysis for understanding which approach is best suited for the country. This could be done by researching how a particular country has solved the public law issue at hand, and whether the same or similar approach can be adopted, or there is a need to modify such an approach.

There have been a number of instances where the Indian judiciary has referred to a comparative analysis of the stand of different jurisdictions with respect to a particular legal issue, to arrive at a conclusion. For example, the majority opinion in Justice K S Puttaswamy v. Union of India [16] highlighted the fact that the concept of proportionality, [17] which is used to balance rights and competing interests, has been adopted by European law. Also, an entire section of the majority opinion [18] is dedicated to comparative law analysis of the recognition of right to privacy as a fundamental right under different jurisdictions. A similar approach was adopted by the Apex Court in Joseph Shine v. Union of India, [19] Navtej Singh Johar v. Union of India [20] and Common Cause v. Union of India [21] , where the Supreme Court analysed and relied on the stand of foreign jurisdictions with respect to adultery [22] , consensual sexual acts between homosexuals [23] and euthanasia and living will [24] , respectively.

• Understanding the differences of different legal systems of the world

The historical development of any society plays a significant role in the development of public law of that jurisdiction, with respect to the issues they faced and what was their approach while dealing with it. Understanding the historical development of the system of governance prevalent in the major legal systems helps in understanding how universally the premises of justice and other values are shared [25] and what moral assumptions, cultural traditions, historical experiences and economic considerations are reflected in a given society’s attitude towards the problem of social control.

• Adopting the best practices

Comparative public law provides a clarification of the perspectives, conditions, and alternatives for all communities for securing and enhancing democratic values. [26] This comparison helps in recognising and adopting the best practices from the laws around the world into our legal framework. As Geoffrey Wilson pointed out, “ comparative studies have been largely justified in terms of the benefit they bring to the national legal system .” [27]

The recognised best practices, with respect to a particular public law issue, helps in formulating appropriate laws and policies to deal with the present issues and the issues which might arise in future. This further aids in making the legal system more adaptive to the changing needs of society.

• International world order and harmonization

Comparative public law enables understanding between different nations with a view to reducing world tension. It helps in resolving the differences in the public laws of different countries that are at a similar stages of development. It further helps in reducing the number of conflicts prevalent among the nations, which can be attributed to political, moral, social and historical differences. It further plays a role in the harmonization of law and bringing uniformity and reducing the differences.

• THE PROCESS OF COMPARATIVE PUBLIC LAW

There are broadly two types of constitutional democracies vis-à-vis comparative law. Firstly, constitutional nationalism wherein it is believed that each nation has developed under different circumstances, whether social, political, economic, cultural or historical and thus, laws that resolve issues of one nation, cannot be applied to solve the problems of a different nation. Secondly, constitutional cosmopolitanism [28] wherein it is believed that different cultures of the world are all sub-parts of one big civilisation and thus, even though one legal system is different from another to some extent, the basic set of principles and rules governing human behaviour and the institutions of the state remain the same.

The idea of constitutional cosmopolitanism has led to the development and application of comparative public law in modern times.

Comparative public law can be carried out in the following ways-

• The functional method, which is based on the premise that since law is based on society and every society faces similar problems, therefore, the functions of the regulators also remain similar and therefore can be compared.
• Structural method, which is based on the comparison of structure of law. It focuses on the internal structure of the legal system and its core elements.
• An analytical method, which focuses on analyzing the meaning of different aspects of the law. It analyzes how the same concept can be understood in numerous ways.

Further, the process of comparative public law involves the following steps [29] –

• Boiling down the issue which needs to be analysed
• Understanding the objective of comparison- similarity or differences
• Choosing the jurisdictions which are to be compared
• Selection of comparative elements
• Selecting whether there is a need for micro comparison (smaller units) or macro comparison (legal systems)
• Understanding the paradigms of comparison like human rights, historical, social, economic, political, cultural and other relevant factors
• Finally, choose the manner/way in which the comparison is to be carried out functional, structural or analytical.

This concludes the process of comparative public law.

• CHALLENGES TO COMPARATIVE PUBLIC LAW

The search for optimal constitutional design by the nascent democracies is a general practice. Comparative public law assists in this search. However, there are a number of challenges which are faced while comparing the public law of different jurisdictions. Some of them have been mentioned below [30] –

• The lack of understanding or inadequate knowledge about the social, cultural, historical and other factors that influence the legal system
• Language in which the knowledge system of law was developed abroad poses a challenge in adequately understanding how the legal issue was dealt with
• Culture specific experiences cannot be generalized as universally valid
• Choice of improper paradigm or wrong premise for comparison
• Mere engagement in comparative analysis sometimes fails to provide satisfactory solution to the issue at hand
• Difficulty may arise with regard to availability of data, primary and secondary resources.

[1] Shree Krishna Singh, Economic Justice, JOURNAL OF LEGAL STUDIES AND RESEARCH (2017), https://thelawbrigade.com/tax-laws/economic-justice/ (last visited Jan. 29, 2021).

[2] MONTESQUIEU, DE L’ESPRIT DES LOIS , 1748.

[3] J G Castel, Schwartz: The Code Napolean and the Common Law World , 55 (3) MICHIGAN LAW REVIEW (1957).

[4] The Indian Penal Code, 1860.

[5] Upendra Baxi, Modelling ‘Optimal’ Constitutional Design for Government Structure Some Debutant Remarks , COMPARATIVE CONSTITUTIONALISM IN SOUTH ASIA 23 (2013).

[6] From the United States of America.

[8] From Ireland.

[9] From Britain.

[10] From Canada.

[11] Supra note 6.

[12] From South Africa.

[13] From the United Kingdom.

[14] From the Fourteenth Amendment of the US Constitution.

[15] State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC75; State of West Bengal v. Subodh Gopal Bose, AIR 1954 SC 92; Saghir Ahmad v. State of UP, 1954 SC 728; Kharak Singh v. State of UP, AIR 1963 SC 1295; Govind v. State of MP, (1975) 2 SCC 148; A.K. Gopalan v. State of Madras, AIR 1950 SC 27; Maneka Gandhi v. Union of India, AIR 1978 SC 597; Bachan Singh v. State of Punjab, AIR 1980 SC 898; Kesavananda Bharati v. State of Kerala, AIR 1974 SC 1461.

[16] Justice K S Puttaswamy v. Union of India, (2017) 10 SCC 1.

[17] The test of legality, legitimate aim and proportionality.

[18] Supra note 16, para K.

[19] Joseph Shine v. Union of India, 2018 SC 1676.

[20] Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.

[21] Common Cause v. Union of India, 2018 5 SCC.

[22] Supra note 19, para 7.

[23] Supra note 20, para N.

[24] Supra note 21, para H.

[25] A T von Mehren, Roscoe Pound and Comparative Law, 13 AM. J OF COMP. L 515 (1964).

[26] Yers S. McDougal, The Comparative Study of Law for Policy Purposes, 1 AM. J. COMP. L 34 (1952).

[27] Geoffrey Wilson, Comparative Legal Scholarship, RESEARCH METHODS FOR LAW 87 (2007).

[28] Sujit Choudhry, Living Originalism in India: Our Law and Comparative Constitutional Law, 25 Yale J.L. & Human 1 (2013).

[29] P Ishwara Bhat, Comparative method of legal research: Nature, process and potentiality, 57(2) JOURNAL OF THE INDIAN LAW INSTITUTE 147 (2015).