Comparative law is generally analyzing the similarities and differences of the legal system from different countries. This includes the civil law, the common law, the canon law and the socialist law among others. The comparative law includes the description and also the study foreign legal systems, due to democratization, internationalism and economic globalization the value of comparative law has notably increased.
The principal purpose of the comparative law is helping perfect various legal systems in effect in different countries across the world. The comparative law also brings about a deeper understanding of law systems and how they are affected; this includes the unification of the multiple systems in both larger and smaller scale.
Various disciplines have established separate branches of comparative law which also incorporates the comparative constitutional law, comparative civil law, comparative commercial law as well as comparative administrative law. Analyzing these particular areas legal systems is generally viewed as macro-comparative or micro-comparative legal system analysis.
The relationship between comparative law and other legal law system is that the comparative law helps inform different areas of normativity. For example, comparative law can be applied when establishing an approach to interpretation during conflict analysis by a private international law. Comparative law majorly contributes to legal theory through developing multiple categories and concepts of general application.
Comparative law is, therefore, different from general legal theory including the general fields of private international law and the public international law is basically known as conflict of legislation.
The importance and usefulness of comparative law are enormous and extensive. It helps indicate how different legal systems sharing a common problem apply various legal rules and regulations and the functionality in practice. Sociology of law and law & economics aids comparative law to illustrate how is legal norms comparable and also how to explain the similarities and differences of various legal systems.
Sujit Choudhry is Faculty Director and the founder of the Centre for Constitutional Transitions. He is also internally recognized on comparative constitutional law. Sujit also is an experienced advisor to constitution building processes in countries such as Ukraine, Egypt, and Jordan among others.
His researches include constitutional design as an element that can handle the transition and also turn it to peaceful democratic politics from violent conflict. Sujit also addresses the methodological questions asked in comparative constitutional law. Constitution Transitions if the first university in the world that helps establish and mobilize knowledge that supports legal building.
Visit law.berkeley.edu to learn more about Choudhry.