Montesquieu, Methodological Pluralism and Comparative Constitutional Law
European Constitutional Law Review, November 2009
17 Pages Posted: 24 Nov 2009
Date Written: November 24, 2009
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
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