Governments all over the world have different methods of governing their citizens. Some governments are just and effective while others are terrible. Nevertheless, each legal system has some good and bad aspects that other legal systems can learn from.
Comparative law is the study and comparison of different legal systems. It is divided into five different fields: civil, constitutional, administrative, commercial, and criminal law. Each field of comparative law focuses on specific aspects of a legal system. There are eight legal systems that govern different nations and regions of the world: civil law, common law, socialist law, Chinese law, Islamic law, Jewish law, Hindu law, and Canon law.
Refining the Rule of Law
Comparative law seeks to refine the rule of law by studying and comparing different legal systems and governments. It is purpose-driven by three main goals, and it has actually helped in the development of new democracies and governments all over the world. See related articles on this link.
The first goal of comparative law is to get a deeper understanding of different legal systems and their impact of the global legal network. This facilitates the understanding and coordination of international relationships among countries and regions with glaring differences in their legal systems.
Consequently, comparative law also works toward the unification of the different legal systems. This is considered a crucial step toward full globalization. Comparative law has so far been instrumental toward this end as it has helped the UN coordinate relationships between different nations. It has also helped in overcoming oppressive governments’ disregard of international human rights.
Finally, comparative law also aids in refining individual constitutions and legal systems. As mentioned earlier, there are certain aspects of different legal systems that are appealing to everyone. For instance, emerging democracies have relied on comparative law to develop their constitutions by studying other nations’ constitutions. Based on tumblr.com.
About Sujit Choudhry
Professor Sujit Choudhry is the founder and director of the Center for Constitutional Transition. He is also an authoritative figure in the field of comparative law.
As a research, Professor Sujit Choudhry’s study scopes several countries in different regions of the world including Jordan, South Africa, Libya, Nepal, Sri Lanka, Egypt, Tunisia, and Ukraine. To this end, he has published and edited many reports in this field including Constitution Design for Divided Societies: Integration or Accommodation?