Relevance Of Comparative Constitutional Law- Madhava Menon
October 9, 2019
Prof. N.R. Madhava Menon as Moderator for the South Asian Colloquium on Commonwealth Comparative Constitution and Public Law on 16th & 17th of January, 2018 organized at Lloyd Law College, law college in delhi ncr, deliberated on the topic Comparative constitutional law and challenges. He stated that there is much broader and historical perspective to the term Comparative Constitution a transnational perspective. After II world war if we recall 100 or more countries became independent and wanted to use all the best features from what has happened in developed world. All incorporated basic values and principles that at universally accepted and supported by international principles also. The four important basic values that every country wanted to incorporate are:
- Democracy e. the importance of we the people and universally accepted system of political governance.
- Rule of Law that has a universal value and sustain it will confirm our future in planet earth.
- Human rights that are articulated by conventions of United Nations and accepted by Constitutions of various countries.
- Constitutional governance or the good governance.
These four values have been adopted by 100 or more countries along with the developed countries. How did they incorporated and structured these basic values is through comparative constitutional approach following the comparative process. The comparative constitution method is not alien to Indian space. We have visited different jurisdictions, had interaction with scholars, judges, constitutional makers etc. and adopted the methods which found to be best suitable to the Indian socio economic and cultural positions. Thus, it can be stated that we have followed the comparative process. Further, without comparative method we could not have administered our family jurisprudence. As we have personal laws having different systems of divorce, adoption, marriage, inheritance etc. and teaching of same is based on the comparative law perspective. It is comparative method which is inherent in our Constitutional law and justice for example women rights, rule of law, basic structure, executive powers and limitations etc. As the objectives behind the basic values adopted in different countries is the same though the structure or approach may be different. What has to be compared is the working of the constitutional methods or process not the textual version of the constitution or how countries adopted their constitution.
Lloyd Law College