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3 - Methodology and Research Design

from I - Introduction to the Field

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
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Summary

Despite the tremendous renaissance of comparative constitutional law, the comparative aspect of the enterprise, as a method and a project, remains under-theorized and imprecise. Methodological self-awareness has not been one of the field’s strengths. In comparative constitutional law (and Constitutionalism in Context more generally) the term “comparative” is often used indiscriminately to describe what, in fact, are several different types of scholarship, each with its own meanings, aims and purposes. What is more, various vocational, jurisprudential, academic, and scientific stakeholders involved in practicing the art of constitutional comparison. This chapter will explore the various types, aims and methodologies deployed in exploring constitutional phenomena comparatively across time and space. In so doing, it will identify some gaps in the field’s contemporary methodological matrix and suggest ways in which these deficiencies may be addressed and overcome.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

4 Suggested Readings

Ginsburg, Tom, ‘How to Study Constitution-Making: Hirschl, Elster, and the Seventh Inning Problem’ (2016) 96 Boston University Law Review 1347.Google Scholar
Hirschl, Ran, Comparative Matters: The Renaissance of Comparative Constitutional Law (Oxford University Press, 2014).Google Scholar
Jackson, Vicki C., ‘Comparative Constitutional Law: Methodologies,’ in Rosenfeld, Michel and Sajó, András (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford University Press, 2012) 54.Google Scholar
Tushnet, Mark, ‘The Possibilities of Comparative Constitutional Law’ (1999) 108 Yale Law Journal 1225.CrossRefGoogle Scholar

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