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Comparative Law And The Proceduralization Of Constitution-Building Processes

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Chapter Summary

This chapter develops two main research hypotheses. First, it argues that contemporary constitutionalism is marking the end of the traditional constitution-making approach, where the constitution was seen as a single legal act created by an unlimited political power. Secondly, it maintains that comparative law is the procedural matrix of modern constitution-building. The chapter proposes a possible hint as to the interconnection between the changing function of constitution-building and the hermeneutical role of comparative law. It focuses on some telling examples of the dissemination of the procedural model in constitution-making and constitution-building. To verify the hypothesis according to which the procedural and thus comparative method in constitution-building has become inherent in todays constitutionalism, some negative examples of a return to a merely political constitution-making are discussed. Finally, some tentative, comparative conclusions are drawn, arguing that the comparative method is becoming the backbone of contemporary constitution-building.

Keywords: comparative law; constitution-building; contemporary constitutionalism; political power



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