16 Questions
What is the main aim of comparative constitutional law?
Identification, explanation, classification, and evaluation of similarities and differences between constitutional systems
What is the definition of a constitutional system?
Structure of a legal and political order resulting from its fundamental laws
What does diachronic comparison involve?
Comparison with laws and regulations not currently in force
What is the focus of comparative law (legal comparison)?
Comparing either legal structures (macro-comparison) or single legal institutes (micro-comparison)
What type of laws does comparative law also explore?
"Silent law", unwritten rules, principles, and norms
What is the basis of a comparative legal analysis?
Collection of data concerning legal orders and/or single institutes
What is a precondition of legal comparison, according to the text?
Knowledge of foreign law
What are legal formants?
Elements that constitute the 'living law' of a country
What does macro-comparison mostly focus on, as per the text?
Overall structures of legal systems
What are the aims of micro-comparison, based on the text?
Reforming specific institutes and legal fields
What did Classical thinkers in Imperial Ch mainly evaluate?
Constitutions of the Greek city states
What is essential for practicing sound legal comparison, as mentioned in the text?
Consideration of normative, non-written conventions and practices
As per the text, what influences how law is practiced in a particular country, apart from o cial sources of law?
Scholarly interpretation and judicial reasoning
What are crypto types in legal phenomena?
'Hidden' legal formants that may be completely hidden
What theory explains historical and cultural path-dependencies of a legal system under scrutiny, as per the text?
'Legal formants' theory introduced by Rodolfo Sacco
What does micro-comparison take into consideration, as mentioned in the text?
Single legal institutions and specific problems
Explore the definition, methodological issues, and the identification, explanation, classification, and evaluation of similarities and differences in selected constitutional systems with this quiz.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
