Comparative law is the hypothetical study of distinct legal systems by way of comparison. It dates more than a century. In the past few years, its practical significance has increased due to two reasons: globalization of trade and shift towards laws’ harmonization.
Comparative law in institutions of higher learning
Due to the growing significance of comparative law, many universities have introduced a program in global legal studies, especially for students undertaking a degree in law. Students who are planning to specialize in global arena or those who are planning to anchor their career in the legal systems of their nations can reap numerous benefits from such courses. The flow of information, capital, technology, and goods across the globe means lawyers have an obligation of understanding how legal systems interact. Additionally, comprehending the perceptions of other people concerning law can help everyone to appreciate the association that exists between law and society.
Methods of comparative law
Aspects such as theories and techniques of comparative law have attracted intense debates across the globe. No consensus has arisen, and the debate has not applied enough impact on the practical legal comparison. Reliable methods of comparison range from cultural and functional legal comparison.
Hein Kotz and Konrad Zweigert were responsible for popularizing functional comparison. It is deeply rooted on the basis that function of law primarily involves addressing social issues faced by the society. Therefore, comparing legal institution becomes easy since even those that show distinct doctrinal structures are comparable.
Popularly known as comparative legal structures, cultural comparison describes the law as a reflection and development of society’s culture. In other words, only those directly connected to the legal system can fully understand and experience it.
Who is Sujit Choudhry?
Sujit Choudhry is a globally renowned specialist in comparative constitutional law. He combines a broad spectrum of research agenda with the comprehensive field of professional expertise as an advisor to the process of formulating constitutions in Egypt, Nepal, Sri Lanka, Ukraine, South Africa, Jordan, and Tunisia. Choudhry carries out research on a broad range of subjects in comparative constitutional law such as constitution development in societies that are ethnically divided, decentralization, and designing constitution that promotes peaceful democratic politics, as well as security sector oversight.
Choudhry has covered the Canadian constitutional law on his articles and books. He has authored and published more than 90 articles, working papers, book chapters, and reports. Some of Choudhry’s edited collections range from The Migration of Constitutional Ideas of 2006, Constitution Making, and Constitutional Design for Divided Societies.