The area of comparative constitutional law is fast changing according to some top legal scholars. Top scholars among them Sujit Choudhry are developing a new framework that will attempt to explain the practices that are considered cross-constitutional and influence their direction development. Their aim at this juncture seems ambitious and there are some quarters that tend to disagree with them. There are some people who do not believe that that this area of law requires a certain reorientation.
A number of debates in North America have failed to place any controversy on the use of foreign law judicially in the broad framework that brings around such debates. Currently there is no methodology that matches the standard of performing a good constitutional analysis that combines both the descriptive and normative elements. The contributors to the debate are aiming at getting a standpoint that will be the best available to bridge the gap that exists between practice and theory of the comparative constitutional law. The standpoint is comparative law, which interestingly forms the primary field for researching how the legal ideals travel in the arm of private law. The project aims at changing the framework that is existent and has frowned upon the use of the term “borrowing” for “migration”.
About Sujit Choudhry
Sujit Choudhry is both the Center for Constitutional Transitions‘ Faculty Director and founder. This is the first center based in a university that mobilizes and generates knowledge that support constitutional building. In the world of comparative constitutional law, he is an internationally recognized authority. He has written severally likening constitutional design as an effective tool to managing transition from violent conflict to democratic politics that are peaceful especially in countries whose societies are ethnically divided.
Choudhry is an author who has edited a number of collections. At the moment he is working on two more collections. He features in the UN Mediation Roster, has worked at the World Bank and as a constitutional expert who has supported constitutional transitions in Tunisia, Jordan, Egypt and Libya. He was a Governing Toronto Advisory Panel member, and sat in the board of the Legal Aid Ontario. According to Oxford Journals, Choudhry appeared as the counsel on record in the matter of security certificates (Charkaoui) in the Supreme Court of Canada. He also appeared on behalf of Khadr 1 and Khadr 2, the Guantanamo detainees. In 2011, Choudhry was declared the Practitioner of the Year by Toronto’s South Asian Bar Association.
More information for Sujit Choudhry here: https://www.amazon.com/Books-Sujit-Choudhry/s?ie=UTF8&page=1&rh=n%3A283155%2Cp_27%3ASujit%20Choudhry