Publication Date
2001
Journal
New York University Annual Survey of American Law
Abstract
The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.
Volume
58
Issue
1
First Page
67
Last Page
84
Publisher
New York University School of Law
Disciplines
Comparative and Foreign Law | Constitutional Law | Law
Recommended Citation
Michel Rosenfeld,
Constitutional Migration and the Bounds of Comparative Analysis,
58
N.Y.U. Ann. Surv. Am. L.
67
(2001).
https://larc.cardozo.yu.edu/faculty-articles/1360