Category Archives: Legal Advisor

Role of Sujit Choudhry in Comparative law

Comparative law is the study of both similarities and differences between the laws of different countries. It mainly involves the study of various legal systems that exist in the world such as civil law, common law, Jewish law, socialist law, among others. Even where no candid comparison is made, the comparative law includes the explanation and scrutiny of international systems. In the present era of globalization, internationalism, and democratization, the importance of comparative law has become immense as it aids in the unification of legislation as well as international harmonization which in turn result to better world order.

 

The lawmakers use foreign law while drafting new rules. Courts of more and more countries draw their motivation from abroad. Comparing legal system is important not only for the comparative law as a discipline but the specific areas of law as well. Despite the comparative law being different from fields such as international law and jurisprudence, it helps the areas achieve normativity. The comparative law can, for instance, assist legal institutions such as the UN to analyze the laws of various countries regarding their treaty responsibility.

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Sujit Choudhry is not only the I. Michael Professor of Law but also an authority on the comparative law that is recognized internationally. He has a broad range of research agenda and also a comprehensive experience as an advisor to constitutional building processes of countries such as Jordan, South Africa, Tunisia, Nepal, Ukraine, Egypt, as well as Sri Lanka.

 

In his research, based on linkedin.com,  Professor Sujit Choudhry addresses a broad category of issues in the comparative constitutional law. They encompass constitutional design as a tool for the management of the transition from politics characterized by violence and conflicts to peaceful democratic politics; legal models in a society divided in ethnic disparities, secession and decentralization; proportionality and bill of rights; and the building of constitution, among others.

 

Sujit Choudhry has extensively written on Canadian constitutional law. He has more than 90 published articles, working papers, reports as well as book chapters. He is also the founder of Center for Constitution Transition that in a great way produce mastery in support of constitution building. It achieves this by bringing together leading international network specialists to finish research projects with policies having an affirmation to the practitioners.

For further reading about Choudhry visit http://officialsujitchoudhry.com/

Sujit Choudhry and His Contributions in Comparative Law

Comparative law, in its strict sense, is a theoretical study about legal networks by comparing each of the legal systems in place. The comparative law existed in the 19th century after many decisions from different states that legal institutions deserved an aligned and a systematic approach, which would further legal processes, and bring unity and understanding among foreign cultures.
This has given birth to a lot of practical vitality of the rising globalization of world trade high up the sky. For instance, a business executive will be at an upper hand to evaluate the benefits, risks, and the appropriate responses he should use to tackle foreign contract and investment. This reason, therefore, marked the beginning of comparative law’s existence in 1920 at a French Institute in Lyon. The do or die law latter made its successful way in the USA and Germany in law schools to link them with big foreign industries. Its presence also catalyses the codification process within the European Union and harmonizing laws particularly when the existence of a million legal traditions is a reality.
The comparative law medium has also been the mediator in international law trade conflicts. This is evidenced by its nature of eradicating the nationalistic spirit that for several reasons, has to continue frustrating development of international laws. Like for example, one may engage in international trade without the knowledge of the particular national law that will evaluate and regulate their agreements, which usually to a large extent, depends on undecided factors including the federal court to decide on competence issues of a trade system. Hence the birth of comparative law to govern all the legal questions that seem outside a single state jurisdiction to initiate the existence such projects.

On the other hand, Sujit Choudhry is a worldwide recognized Professor of Law officially known as I. Michael Heyman, the former dean of Berkeley Law. Most of his research addresses methodological queries in constitutional transitional design to peaceful, democratic rule, and comparative constitutional laws. Sujit Choundhry is also the founder of the Constitutional Transition Centres, which is the first global university based centre generating and mobilizing knowledge that aids the construction of constitutional building.   Click on this.  Despite being a consultant at the World Bank Institute, he has also contributed in constitutional transition as a foreign constitutional expert in Tunisia, Jordan, Egypt, Libya, and Nepal. Before joining Berkeley Law, he served as a professor at NYU, Scholl Chair, UOToronto schools of law. Sujit Choudhry has a collection of over nine articles, reports, working papers and book chapters. He has also managed to edit Constitutional Ideas Migration (Cambridge,2006), Constitutional Making (Edward Elgar, forthcoming), Dilemmas of Solidarity, Constitution for Divided Societies (Oxford, 2008), Oxford handbooks specifically for Indian Constitution.  Read related articles on Constitutionaltransitions.com