Comparative Constitutional Law: Methodological Issues
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Questions and Answers

What is the main aim of comparative constitutional law?

  • Identification, explanation, classification, and evaluation of similarities and differences between constitutional systems (correct)
  • Analysis of historical legal structures and institutes
  • Exploration of unwritten rules and principles within a legal system
  • Comparison of fundamental laws within a single constitutional system

What is the definition of a constitutional system?

  • Structure of a legal and political order resulting from its fundamental laws (correct)
  • Analysis of historical legal structures and institutes
  • Collection of data concerning legal orders
  • Set of unwritten rules and principles governing government

What does diachronic comparison involve?

  • Collection of data concerning legal orders and/or single institutes
  • Comparison of fundamental laws within a single constitutional system
  • Analysis of unwritten rules and principles within a legal system
  • Comparison with laws and regulations not currently in force (correct)

What is the focus of comparative law (legal comparison)?

<p>Comparing either legal structures (macro-comparison) or single legal institutes (micro-comparison) (C)</p> Signup and view all the answers

What type of laws does comparative law also explore?

<p>&quot;Silent law&quot;, unwritten rules, principles, and norms (C)</p> Signup and view all the answers

What is the basis of a comparative legal analysis?

<p>Collection of data concerning legal orders and/or single institutes (B)</p> Signup and view all the answers

What is a precondition of legal comparison, according to the text?

<p>Knowledge of foreign law (A)</p> Signup and view all the answers

What are legal formants?

<p>Elements that constitute the 'living law' of a country (C)</p> Signup and view all the answers

What does macro-comparison mostly focus on, as per the text?

<p>Overall structures of legal systems (B)</p> Signup and view all the answers

What are the aims of micro-comparison, based on the text?

<p>Reforming specific institutes and legal fields (C)</p> Signup and view all the answers

What did Classical thinkers in Imperial Ch mainly evaluate?

<p>Constitutions of the Greek city states (D)</p> Signup and view all the answers

What is essential for practicing sound legal comparison, as mentioned in the text?

<p>Consideration of normative, non-written conventions and practices (C)</p> Signup and view all the answers

As per the text, what influences how law is practiced in a particular country, apart from o cial sources of law?

<p>Scholarly interpretation and judicial reasoning (D)</p> Signup and view all the answers

What are crypto types in legal phenomena?

<p>'Hidden' legal formants that may be completely hidden (D)</p> Signup and view all the answers

What theory explains historical and cultural path-dependencies of a legal system under scrutiny, as per the text?

<p>'Legal formants' theory introduced by Rodolfo Sacco (A)</p> Signup and view all the answers

What does micro-comparison take into consideration, as mentioned in the text?

<p>Single legal institutions and specific problems (D)</p> Signup and view all the answers

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