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Vicki C. Jackson, Comparative Constitutional Law: Methodologies, in The Oxford Handbook of Comparative Constitutional Law 54 (Michael Rosenfeld & Andras Sajo eds., 2012).


Abstract: Methodologies of constitutional comparison vary at least as much as, if not more than, methodologies more generally in comparative law. Methods vary in what they aim to do and in who is engaged in comparisons, particularly if the comparative enterprise is defined broadly to include doctrine produced by courts, features of government, and the processes of constitution-making and adoption. This article discusses the different communities of comparative constitutional analysis and identifies some methodological challenges of comparative constitutional analysis.