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Part I History, Methodology, And Typology, Ch.7 The Place Of Constitutional Law in the Legal System

Stephen Gardbaum

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, 2021. All Rights Reserved.date: 17 June 2021

If one takes a broad, panoramic perspective on comparative constitutional law, the now familiar narrative of the rise of world constitutionalism1 suggests a fairly straightforward and uniform answer to the most general question of the place of constitutional law in a legal system, at least as a formal matter. So, too, the logically prior question of what constitutional law is. The ‘post-war paradigm’2 posits in its essential features, first, that constitutional law is the law codified in a country’s written constitution, mostly establishing the ground rules of...
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