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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Critical Legal Studies and Comparative Constitutional Law

Maxim Bönnemann, Laura Jung

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 June 2024

Constitutional interpretation — Constitutional processes — Principles and objectives of constitutions — Comparative constitutional law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1. This entry deals with the productive clash between Critical Legal Studies (‘CLS’) and comparative law, and its constitutional branch more specifically. Due to this clash, a number of discourses within comparative law came up—mostly concerning topics previously marginalized. CLS is a movement which has questioned and undermined central ideas of legal thought, namely objectivism and formalism, and suggested to put another conception of law in their place (Unger 1). The critique of formalism, ie a form of legal justification that contrasts with open-ended...
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