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Comparative Constitutional Law: Methodological Issues

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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)?

Comparing either legal structures (macro-comparison) or single legal institutes (micro-comparison) Signup and view all the answers

What type of laws does comparative law also explore?

"Silent law", unwritten rules, principles, and norms Signup and view all the answers

What is the basis of a comparative legal analysis?

Collection of data concerning legal orders and/or single institutes Signup and view all the answers

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

Knowledge of foreign law Signup and view all the answers

What are legal formants?

Elements that constitute the 'living law' of a country Signup and view all the answers

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

Overall structures of legal systems Signup and view all the answers

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

Reforming specific institutes and legal fields Signup and view all the answers

What did Classical thinkers in Imperial Ch mainly evaluate?

Constitutions of the Greek city states Signup and view all the answers

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

Consideration of normative, non-written conventions and practices 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?

Scholarly interpretation and judicial reasoning Signup and view all the answers

What are crypto types in legal phenomena?

'Hidden' legal formants that may be completely hidden Signup and view all the answers

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 Signup and view all the answers

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

Single legal institutions and specific problems Signup and view all the answers