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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Methodologies of Comparative Constitutional Law: Contextual Approach

Irene Spigno

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

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:...
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