Comparative Law is a broad field of law that focuses on the similarities and differences between the rulings of different states. More specifically, it lends a perspective on the various legal principles applied worldwide. Whether it is common or Islamic law, the legal field of study provides an in-depth understanding and application of such regulations.
Comparative legal studies are basically into two broad categories: micro-level and macro-level comparisons. The latter entails the general comparison between two or more principles of law practiced in various States. For instance, it can shed light on the US and UK legal system. On the other hand, micro-level focuses on analyzing the differences between distinct sections of legal practices in several countries. For instance, it can lend perspective on contract preparation differences between the UK and the US. By doing so, you would be comparing the legislation on a micro-level.
Whatever your area of interest may be, comparative law dwells on the following guidelines:
- The investigation of the fundamental relationship between legal systems
- The comparison between foreign and local legislation
- The analysis of various solutions applicable to several legal challenges
- The examination of the legislative evolution since time immemorial
Comparison between English and German Law
In the U.K, governing rules and regulations are based on a common law system in which cases are judged based on past precedents. For instance, a case relating to the illegal migration of a suspect will be built on the verdict applied to a similar previous case. However, the judgment should rely solely on the relevance of the act to the previous case. On the other hand, the Germans are ruled by a code law country. Such a decree entails the application of contingencies and rules enshrined within the civil code. While in court, judges prosecute criminals on reference to commentaries set in the past. However, such annotations act as guidance on the most suitable course of action to take.
Sujit Choudhry’s Profile
Sujit Choudhry is a prominent personality in the field of constitutional law. His in-depth knowledge and extensive experience have earned him widespread recognition and immense admiration from his peers. As an accomplished legal expert, Mr. Choudhry has offered his advisory services to the constitution building processes in Tunisia, Egypt, Libya and South Africa. His valuable research expounds on the value of the constitution as a tool to transforming war-torn countries into peaceful democratic States.
Sujit has also spent adequate time writing numerous reports and papers over the course of his career. His most notable collections include Constitutional Design for Divided Societies (2008), and The Migration of Constitutional Ideas (Cambridge, 2006).