
Constitutional Comparison Is A Multi-faceted Phenomenon. This Essay Explores The Different Modes Of Constitutional Comparison, Drawing On Illustrations From South African Constitutional Jurisprudence And The Work Of Professor Mark Tushnet As A Leading Comparative Constitutional Scholar. For Instance, It Notes Comparison As A Form Of Migration Or Transfer Of Ideas, As Deliberative, Empirical Or Functional, Reflective And Moral-cosmopolitan In Nature, But Also The Overlaps Between These Categories, Thinner And Thicker Variants, And Their Implications For Scholars, Judges And Constitutional Drafters. It Further Considers What These Different Modes Imply For Principles Of Case Selection, Or The Scope Of Constitutional Comparison In Different Contexts-- Provided By Publisher.
This essay investigates the multifaceted nature of constitutional comparison to determine how different methodological approaches influence legal scholarship and judicial practice. Madhav Khosla, a scholar in the field, examines the various modes through which constitutional ideas migrate and evolve across jurisdictions. By analyzing the work of Professor Mark Tushnet and specific South African constitutional jurisprudence, the author constructs a framework for understanding how comparative methods function as empirical, deliberative, or moral-cosmopolitan tools. The text argues that recognizing these distinct modes is necessary for judges and drafters to refine their case selection and contextual application of foreign legal principles.
What You Will Find
Scope Limits
Legal scholars frequently cite this work as a concise, high-level synthesis of comparative methodology. Experts highlight the text as a useful resource for understanding the theoretical underpinnings of how constitutional ideas are transferred between different legal systems.
Page Count:
0
Publication Date:
2025-01-01
Publisher:
New York : Oxford university press,
ISBN-10:
0191996343
ISBN-13:
9780191996344
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