There has been heated debate on the legitimacy of incorporating references to foreign laws by the US Supreme Court, especially in death penalty cases. For this reason, there seems to exist a big demand for a better understanding of comparative constitutional law even among the general populace to address such misunderstandings.
Simply put, the analysis of foreign constitutions to promote understanding of how they work and inherent interactions with ours is what is called comparative constitution law. It involves analyzing different legal systems found around the world in reference to interactions driven by globalization, democratization and world economies. It is important to understand foreign law in providing cross-border solutions to industries and societies with a worldwide interest. Globalization and transnational litigation have a huge effect on a nation’s legal and economic system and its constitution.
Firstly, comparative constitution law provides models enlightening us on the foundations and impact of constitutional justice systems on societies. Secondly, it improves our power of discernment by exposing us to the two sides of constitutions namely the autobiographical, accidental and particularistic elements of a constitution and how it is enjoined with its general, universalistic and inclusive components. Thirdly, it helps identify similarities in national democratic governance structures and human rights policies. Lastly, observing differences in law accelerates the assessment of existing fundamental law to enhance its understanding and development. Source Wikipedia.com
The foundation of a constitution, its design, and structure directly influence adjudication outcomes. Some of the important areas that comparative constitution law focuses on include structures of constitution review systems, legal handling of hot topics such as abortion across borders, governments influence on constitutional adjudications, parliamentary vs presidential systems and how they deal with emergencies, protection of minorities, gender equality, freedom of religion and speech and general society welfare. Check this.
Sujit Choudhry is the founding director of Center for Constitution Transitions, a member of United Nations Mediation Roster and a World Bank consultant. He has consulted as an expert on successful constitutional transitions in various countries around the world especially in ethnically diverse societies, violent conflict transitioning to democratic politics and authoritarian to democratic transitions. He is highly regarded as the authority figure in comparative constitution law. Sujit Choundhry is an accomplished author on the subject and has published over ninety items including books, articles, reports and working papers.
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