- •1) The definition of constitutions and constitutional law.
- •2) The Subject and system of comparative constitutions
- •3. The comparison of form and structure of the constitutions
- •4) Historical development of comparative constitutional law
- •5) The international bill of human rights
- •6) The Classification of Human rights
- •1. Civil and political rights
- •2. Economic, social and cultural rights
- •7) Parliamentary and presidential republic: common and specific features
- •8) Sovereignty and independence declarations.
- •Independence declarations.
- •In 1990, the Supreme Soviet of the Republic adopted the Declaration of State Sovereignty of the Kazakh ssr
- •9. Classification of states
- •10. The rk as a secular, legal, social, democratic state
- •11. Interpretation of Constitution
- •12. Separation of powers
- •13. Check and balance system
- •15. Legal systems
- •16. The structure of legal norms
- •17.The principles of constitutional law
- •18. Methods of constitutional law
- •4) Recognition method.
- •19. Legal status of children
- •20) The main differences of constitutional law from close subjects
- •21. The structure of constitution
- •22. Legal status of refugees
- •23. Legal status of statelessness person or apatris
- •24. Legal status of repatriate
- •25. The legal status of foreigners
4) Historical development of comparative constitutional law
The origins of modern comparative law can be traced back to 18th century Europe, although, prior to that, legal scholars had always practiced comparative methodologies.[1]
Montesquieu is generally regarded as an early founding figure of comparative law. His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, De l'esprit des lois (1748; first translated by Thomas Nugent, 1750):[2]
[T]he political and civil laws of each nation ... should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another.
They should be in relation to the nature and principle of each government: whether they form it, as may be said of politic laws; or whether they support it, as in the case of civil institutions.
They should be in relation to the climate of each country, to the quality of its soil, to its situation and extent, to the principal occupation of the natives, whether husbandmen, huntsmen, or shepherds: they should have relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and customs.
Also, in Chapter XI (entitled 'How to compare two different Systems of Laws') of Book XXIX, discussing the French and English systems for punishment of false witnesses, he advises that "to determine which of those systems is most agreeable to reason, we must take them each as a whole and compare them in their entirety." Yet another place where Montesquieu's comparative approach is evident is the following, from Chapter XIII of Book XXIX:
Sir Henry James Sumner Maine, British jurist and first professor of comparative law atOxford.
As the civil laws depend on the political institutions, because they are made for the same society, whenever there is a design of adopting the civil law of another nation, it would be proper to examine beforehand whether they have both the same institutions and the same political law.
The modern founding figure of comparative and anthropological jurisprudence was Sir Henry Maine, a British jurist and legal historian.[3] In his 1861 work Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas, he set out his views on the development of legal institutions in primitive societies and engaged in a comparative discussion of Eastern and Western legal traditions. This work placed comparative law in its historical context and was widely read and influential.
The first university course on the subject was established at the University of Oxford in 1869, with Maine taking up the position of professor.[4]
Comparative law in the US was brought by a legal scholar fleeing persecution in Germany, Rudolf Schlesinger. Schlesinger eventually became professor of comparative law at Cornell Law School helping to spread the discipline throughout the US.