Abstract

This essay draws attention to the fact that, depending on who is conducting the research, significant methodological differences may emerge when carrying out comparisons in the field of constitutional law. While academic researchers enjoy wide discretion in comparing legal systems and institutions across very different cultural and legal traditions, those exercising a public function, such as legislators and judges, are constrained by the provisions of their constitution. In other words, judges and legislators can make use of comparisons only between legal systems sharing a common legal tradition.