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Books > Law > Jurisprudence & general issues > Comparative law
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Comparative Matters - The Renaissance of Comparative Constitutional Law (Hardcover)
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Comparative Matters - The Renaissance of Comparative Constitutional Law (Hardcover)
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Comparative study has emerged as the new frontier of constitutional
law scholarship as well as an important aspect of constitutional
adjudication. Increasingly, jurists, scholars, and constitution
drafters worldwide are accepting that 'we are all comparativists
now'. And yet, despite this tremendous renaissance, the
'comparative' aspect of the enterprise, as a method and a project,
remains under-theorized and blurry. Fundamental questions
concerning the very meaning and purpose of comparative
constitutional inquiry, and how it is to be undertaken, are seldom
asked, let alone answered. In this path-breaking book, Ran Hirschl
addresses this gap by charting the intellectual history and
analytical underpinnings of comparative constitutional inquiry,
probing the various types, aims, and methodologies of engagement
with the constitutive laws of others through the ages, and
exploring how and why comparative constitutional inquiry has been
and ought to be pursued by academics and jurists worldwide. Through
an extensive exploration of comparative constitutional endeavours
past and present, near and far, Hirschl shows how attitudes towards
engagement with the constitutive laws of others reflect tensions
between particularism and universalism as well as competing visions
of who 'we' are as a political community. Drawing on insights from
social theory, religion, history, political science, and public
law, Hirschl argues for an interdisciplinary approach to
comparative constitutionalism that is methodologically and
substantively preferable to merely doctrinal accounts. The future
of comparative constitutional studies, he contends, lies in
relaxing the sharp divide between constitutional law and the social
sciences. Comparative Matters makes a unique and welcome
contribution to the comparative study of constitutions and
constitutionalism, sharpening our understanding of the historical
development, political parameters, epistemology, and methodologies
of one of the most intellectually vibrant areas in contemporary
legal scholarship.
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