Montesquieu, Methodological Pluralism and Comparative Constitutional Law

European Constitutional Law Review, November 2009

17 Pages Posted: 24 Nov 2009

See all articles by Lorenzo Zucca

Lorenzo Zucca

King's College London – The Dickson Poon School of Law

Date Written: November 24, 2009

Abstract

This paper argues that Montesquieu is the best starting point to do meaningful comparative constitutional law (CCL). His methodological pluralism, which involves a reflective equilibrium between philosophical analysis and empirical work, is the most engaging perspective to explore the vast and wild terrain of constitutional laws. His position is extremely relevant for today's debates on the role of CCL. The present trend regards CCL as a technological tool that may help to solve local problems. Montesquieu's understanding of CCL involves a Copernican revolution, which involves looking at CCL not as an end point but as a starting point for our knowledge of laws.

Keywords: comparative constitutional law, pluralism, legal theory, political philosophy, jurisprudence, methodology, fundamental rights, constitutions

Suggested Citation

Zucca, Lorenzo, Montesquieu, Methodological Pluralism and Comparative Constitutional Law (November 24, 2009). European Constitutional Law Review, November 2009. Available at SSRN: https://ssrn.com/abstract=1512494

Lorenzo Zucca (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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