Globalization and Comparative Constitutional Law
August 30, 2019
The constitution is supreme and fundamental document and it’s the law of the land. It is a political, economical, social and cultural document of a nation. If the constitution does not incorporate the aspiration of people then no nation can be termed as sovereign power. We can see different types of constitution in the word written, unwritten, federal, unitary, rigid, flexible etc. but each constitution posses a fundamental values within. We need to understand what comparative constitution law is, it studies the fundamental rights and duties of citizens and relationship between the same across the globe with the aim to protect the marginalized groups and people. Study of constitutional law in comparative perspective has become an important part of curriculum in many universities. Perceptions, observations, spirit of people are the masterpiece of constitutionalism. Power of government is derived from the will of people and legislation cannot interfere with that.
We can see the increased engagement of judges and lawyers in foreign resources with the increased impact of globalization. Lawyers have to develop a key factor of comparative approach arguing before the court. They have to take into consideration the global perspective while presenting their case for constitutional development. In regard to judicial discourse judges are required to understand what material to be taken and what to be discarded while following a comparative approach in domestic court. Literature review is another important aspect required to be taken care by the judges and lawyers. There is need of plantation of foreign policies in are domestic land with caution and we need to let it grow. According to the Light house theory comparative resources should be the guiding light. It should help lawyers to broaden their knowledge of legal jurisprudence and develop a theory. The other important factor is the need for focused discussion on South Asia and Commonwealth countries perspective on comparative constitutional law advocacy and judicial discourse. As India is taking about the limitations on power of judicial review the comparison will have a broader perspective to open doors for enriched discussions.
There are many constitutional methods of law reforms. Every country has its own law reform agencies. These national law reform agencies primarily recommend law reformation keeping in mind the specific need of the country. However, in the era of globalization when the concept of state is shrinking and the concept of global village is getting momentum, the need to harmonize and bring uniformity in law is an important aspect.
The legal academia has rightly recognized the need for increased deliberation in this aspect. In Fourth Prof. N. R. Madhava Menon SAARCLAW Mooting Competition, 2018-19 a South Asian Colloquium on Commonwealth Comparative Constitution and Public Law at Lloyd Law College, Top law colleges in greater noida was organized on 16th & 17th of January, 2018 and witnessed presence of eminent speakers like R. Venkataramni, Senior Advocate, Supreme Court of India, Justice Avneesh Jhingan, Judge High Court of Punjab and Haryana, Mr. Justice Priyantha Jaywardhane, Judge Supreme Court of Sri Lanka and other eminent speakers as judges, lawyers and academicians from SAARC nations.
Lloyd Law College