Abstract

VICHINKESKI TEIXEIRA, Anderson. The Method in Comparative Constitutional Law: Critical Contributions for a Comparative Constitutional Methodology. Opin. jurid. [online]. 2020, vol.19, n.39, pp.311-329. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n39a13.

More than a century ago, the appeal to comparative law arose in different spheres of the judicial thought in several Western countries. Nonetheless, in the constitutional law is an activity more characteristic of the late WWII period. With the pretension of contributing, although minimally, to the overcoming of this history of limited inter-connections between comparative and constitutional law; in this article, we seek to analyze the function of the method in comparative constitutional law with a special emphasis in the theoretical hypothesis of the viability of an epistemological schematization of the categories that might integrate what will be named as comparative constitutional methodology. Thus, we must initially rebuild the origin of the comparative constitutional law, its objectives and the importance of the problem in any comparative constitutional research, given that its epistemological autonomy, especially concerning the positive constitutional law, constitutes a theoretical supposition of the proposition that will ultimately be defended in this article.

Keywords : comparative constitutional law; legal epistemology; methodologies.

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