Comparative law refers to a branch of legislature that deals with the study of the relationship between similarities and differences among several legal systems. In simpler terms, it refers to the analysis of the comparison between different legal principles being studied. Comparative law plays a vital role in comprehending the foreign legal systems enforced in several countries. Understanding such a concept has become a necessity in a rapidly evolving world. Through it, nations get to harmonize their local legislations to promote trade with other states.
Legislators also source inspiration from comparative law when formulating local policies for use in their independent states. Not only is such a law essential for educational purposes but also in promoting effective trade agreements among various nations. Furthermore, it also plays a vital role in advocating for human rights worldwide. The branch draws a comparison among the major legal systems of the world: civil law, religious legislation, customary and common law. For instance, comparative civil law literature portrays the relationship between private relations, their interpretation and use in various countries. Comparative law seeks to:
- Offer a contribution in the unification of legal principles on a large or small scale.
- Comprehend the deeper knowledge of rules in effect.
- Perfect the international legislations in place.
Such a beneficial branch of law has simplified the comprehension of member state laws by international organizations. For instance, the United Nations relies on the comparative law to appreciate their perceptions on various crucial subjects regarding their treaty responsibilities. The relevant study of several legal systems indicates how different regulations solve similar problems. For instance, they help answers to questions such as:
- Are legal rules comparable?
- How are the differences and similarities between principles of law explained?
- How does enacted legislation function in society?
Sujit Choudhry in Brief
Sujit Choudhry is a prominent expert in comparative law with a broad understanding and experience on the subject. His in-depth know-how has proven to be a valuable asset as an advisor to numerous constitutional building processes in Egypt, South Africa, Tunisia and many other states. His widely documented research focuses on the constitution as a tool to transforming conflict zones into law-abiding states.
Apart from dispensing legal advice, Sujit Choudhry (https://www.facebook.com/profile.php?id=100014577124057) is an accomplished author with several novels under his belt. His most recognized literature include: the Migration of Constitutional Ideas (Cambridge, 2006) and the Constitutional Design for Divided Societies: Integration or Accommodation (Oxford, 2008).Choudhry has served as a consultant to the World Bank Institute and is an active member of the U.N Mediation Roster.