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1 - Comparative Methodologies

from Part I - Theoretical Foundations

Published online by Cambridge University Press:  30 September 2019

By
Ran Hirschl
Edited by
Roger Masterman  and
Robert Schütze
Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

From its beginnings as a relatively obscure and exotic subject studied by a devoted few, comparative constitutionalism has developed into one of the more vibrant and exciting subjects in contemporary legal scholarship, and has become a cornerstone of constitutional jurisprudence and constitution-making in an increasing number of countries worldwide. This tremendous renaissance in comparative constitutional inquiry reflects a confluence of factors. Chief among them are extensive democratization and constitutionalization trends worldwide; the internalization of the legal profession and of legal education; and the rise of communication and information technologies that facilitate considerably the diffusion of constitutional concepts, and foster cross-national jurisprudential dialogue. The result has been an ever-expanding interest among scholars, judges, practitioners and policymakers in the transnational migration of constitutional ideas, and in the comparative study of constitutions and constitutionalism more generally.

Type
Chapter
Information
The Cambridge Companion to Comparative Constitutional Law , pp. 11 - 39
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Gardbaum, S., ‘How Do and Should We Compare Constitutional Law’, in Besson, Samantha et al. (eds.), Comparing Comparative Law (Schulthess, 2017), 109–126.Google Scholar
Hirschl, R., ‘The Question of Case Selection in Comparative Constitutional Law’ 2005 53 American Journal of Comparative Law 125–155.Google Scholar
Hirschl, R., ‘From Comparative Constitutional Law to Comparative Constitutional Studies’ 2013 11 International Journal of Constitutional Law 1–12.Google Scholar
Hirschl, R., Comparative Matters: The Renaissance of Comparative Constitutional Law (Oxford University Press, 2014).Google Scholar
Jackson, V.C., ‘Methodological Challenges in Comparative Constitutional Law’ 2010 28 Penn State International Law Review 319–326.Google Scholar
Jackson, V.C., ‘Comparative Constitutional Law: Methodologies’, in Rosenfeld, Michel and Sajó, András (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford University Press, 2012), 54–74.Google Scholar
Meuwese, A. and Versteeg, M., ‘Quantitative Methods for Comparative Constitutional Law’, in Adams, Maurice and Bomhoff, Jacco (eds.), Practice and Theory in Comparative Law (Cambridge University Press, 2012), 230–256.Google Scholar
Reimann, M., ‘Comparative Law and Neighboring Disciplines’, in Bussani, Mauro and Mattei, Ugo (eds.), The Cambridge Companion to Comparative Law (Cambridge University Press, 2012), 13–34.Google Scholar
Scheppele, K.L., ‘Constitutional Ethnography: An Introduction’ 2004 38 Law & Society Review 389–406.Google Scholar
Tushnet, M., ‘The Possibilities of Comparative Constitutional Law’ 1999 108 Yale Law Journal 1225–1309.Google Scholar

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