15 Pages Posted: 10 Nov 2009 Last revised: 19 Jul 2013
Date Written: February 10, 2011
While comparing constitutions belongs to the ubiquitous activities of constitutional lawyers and political scientists, the methodology of comparison is not very developed in constitutional law. No doubt, intercultural dialogue is required to handle rich substantive comparisons. But such dialogue is hindered by divergent constitutional traditions rendering it difficult to even find an entry point for comparisons. The text-oriented approach is suggested here as an entry method and the dialectical approach as the overall method of comparison.
Keywords: comparative law, constitutional law, methodology
JEL Classification: K1, K19
Suggested Citation: Suggested Citation
Tschentscher, Axel, Comparing Constitutions and International Constitutional Law: A Primer (February 10, 2011). Available at SSRN: https://ssrn.com/abstract=1502125 or http://dx.doi.org/10.2139/ssrn.1502125