CONSTITUTIONALISM AND COMPARATIVE CONSTITUTIONALISM

Question 1

4 SCHOLARS ON CONSTITUTIONALISM

1 scholar on comparative constitutionalism

Answer 1

1. Charles Mcllwain – legal limitation of the government
2. Harold Bertman – pluralism nurtures legal, political, and economic growth
3. Pope Benedict XVI – separation introduced by Christianity.
4. Garnet – constitutionalism success needs interplay between religious faith and political/ civil society. Through differentiation of religious and political authorities.
   This is to prohibit government assume religious power. SEPARATION IS TO CURB GOVERNMENT NOT SILENCE RELIGIONS.

The limits of comparative constitutional law for religious rights
- Argentina – Virgin Mary erected in palace of justice. Argued it jeopardized the right of fair treatment. NEEDS TO HAVE A SECULAR PURPOSE. THEY WON!
- Santiago Legarre – judicial comparative constitutionalism is only justified if it remains within certain limits:
1. Merely confirmative role – ratify reasonableness of a given norm or practice
2. A pedagogic function – educational role
3. An obiter dictum use - to inform conclusion