Methodologies of Comparative Constitutional Law: Contextual Approach
- Constitutions and international law — Principles and objectives of constitutions — Comparative constitutional law
Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
1. The contextual approach (or contextualism) is a method of comparative constitutional law (CCL). According to Mark Tushnet, contextualism is the third method of CCL, the first and the second being, respectively: normative universalism , which seeks to study a wide variety of approaches to constitutional issues in order to identify best practices that can be adopted everywhere; and functionalism, which emphasizes similarities rather than differences, making no reference to context ( Tushnet (2008) 5). Vicki Jackson proposes a more detailed classification:...