Scholars say “distinctive understanding” is the method of law. Any person who is frequented with the processes of law, whether legislative, applicative or judicial, knows can understand the undercurrents of such a statement. Comparison, therefore as a tool is inbuilt within the conceptual framework of knowledge of law. However, Comparative Law, arose as a separate discipline for past few decades and has created its own substantive space. However a modern mind, engaged in the legal discourse, in an age which is characterized by the nationalization of law and legal discourse will still doubt the existence of this substantive space as claimed by the Comparative Law. It becomes therefore an imperative find answers to many questions so that legitimacy can be either articulated or rejected. What do lawyers do when they attempt comparisons? What methods and approaches do they adopt? Should comparison be focused on similarity or difference? Is it plausible to distinguish different legal families, or legal traditions? Does comparative law essentially amount to the study of transplants and receptions? What are the practical tasks of comparative law? Suggested Readings: WJ Kamba, Comparative Law, A theoretical Frame Work, Mathias M Siems, Comparative Law Martin Hogg, Promises and Contracts - Comparative perspectives D.D. Basu, Comparative Constitutional Law ( 2nd ed., Wadhwa Nagpur). David Strauss, The Living Constitution (Oxford University Press, 2010) Dr. Subhash C Kashyap, Framing of Indian Constitution (Universal Law, 2004) Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company, 1989). S.N Ray, Judicial Review and Fundamental Rights (Eastern Law House, 1974). Sunil Khilnani,VikramRaghavan, ArunThiruvengadam, Comparative Constitutionalism in South Asia (Oxford University Press, 2013). David Staruss, “Do we Have a Living Constitution” 59 (4) Drake Law Review 973-984 (2011 Summer) Glen Staszewski, “Political Reasons, Deliberative Democracy and Administrative Law”, 97(3) Iowa Law Review 849-912 (2012 March): Rosenfeld, M. and Sajo, A. (2012). The Oxford handbook of comparative constitutional law. Oxford: Oxford University Press. Menski, W. (2006). Comparative law in a global context: The Legal Systems of Asia and Africa. Cambridge: Cambridge University Press. Ch. 1. Chemerinsky, E. (2015). Constitutional law: Principles and policies. 5th Ed. New York: Aspen Law & Business. Chs. 1 & 2. Tushnet, M. (1999). The possibilities of comparative constitutional law. Yale Law Journal, 108, 1225-1309. Tushnet, M. (2013). Constitution making: An introduction. Texas Law Review, 91, 1983-2015. Elisabeth Zoller, Introduction to Public Law: A Comparative Study, Martinus Nijhoff,2008
- Teacher: Sreenath Namboodiri