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Part I History, Methodology, And Typology, Ch.3 Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism

Peer Zumbansen

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

The purpose of this chapter is to outline and to assess the role of ‘typologies’ in comparative constitutional thought. At the outset, it is necessary to clarify whether we are to be concerned with a substantive comparison of constitutions as exercised—for example—by Aristotle in Politics, or with a formal one, which focuses on distinctions between written and unwritten, traditional and revolutionary constitutions and their complementing institutional orders, as has become routine in modern-day political and constitutional thought. Comparisons in both directions...
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