User:Voorts/sandbox/Comparative constitutional law

Comparative constitutional law is an interdisciplinary field of legal studies, a method of constitutional interpretation, and a tool used in drafting constitutions by constituent assemblies. Comparative constitutional law has its roots in ancient Greek and Roman political philosophy, and emerged as an academic area of inquiry in the late 19th and early 20th centuries, particularly among scholars in the United States. As a field of study, comparative constitutional law focuses on a wide range of topics, including constitutional design and structure, individual and group rights, standards of judicial review, and the categorization of constitutions.

Lawyers and jurists have also used comparative constitutional approaches in legal practice and decision-making. Several high courts have used comparative approaches, including the high courts of the United States, South Africa, India, and Israel.

History
roots of the field

development of comparative constitutional studies as a formal method and area of inquiry

Mark Tushnet

Vicki C. Jackson

Methodologies
different approaches to comparative constitutional law

Functionalism
tk

Quantitative approaches
tk

Areas of inquiry
intro

Federalism
tk

Judicial review
strong vs. weak form

Categorization
liberalism vs. illiberalism

Constitutional amendment
tk

Proportionality
tk

Antidiscrimination law
tk

Rights
tk

Use in judicial interpretation
intro.

United States
Lawrence v. Texas

Roper v. Simmons

South Africa
south africa constitutional court's use of comparative law

Use in constitutional formation
comparative approaches in drafting constitutions