Jump to ContentJump to Main Navigation
Comparative MattersThe Renaissance of Comparative Constitutional Law$
Users without a subscription are not able to see the full content.

Ran Hirschl

Print publication date: 2014

Print ISBN-13: 9780198714514

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198714514.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 September 2021

How Universal is Comparative Constitutional Law?

How Universal is Comparative Constitutional Law?

(p.192) 5 How Universal is Comparative Constitutional Law?
Comparative Matters

Ran Hirschl

Oxford University Press

This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions across time and space, notably between “universalists,” who emphasize common elements of legal (and constitutional) systems across time and place, and “particularists” who emphasize the unique nature of any given legal (and constitutional) system. “Third way” alternatives such as constitutional pluralism are also examined. Second, the “global south” critique in comparative constitutional law, or how truly “comparative,” universal, or generalizable are the lessons of a body of knowledge that draws almost exclusively on a small—not necessarily representative—set of frequently studied jurisdictions and court rulings to advance what is portrayed as generic and universally applicable prescriptions. The global south critique poses major challenges to contemporary comparative constitutional inquiry but has its own analytical challenges. Examples include South Africa, India, and the European Court of Human Rights.

Keywords:   global south, particularism, universalism, comparative constitutional law, constitutional pluralism, South Africa, European Court of Human Rights, India

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .