Comparative constitutional law is a newly energized field in the early 21st century. Never
before has the field had such a broad range of interdisciplinary interest, with lawyers, political
scientists, sociologists and even economists making contributions to our collective understanding
of how constitutions are formed and how they operate. Never before has there been
such demand from courts, lawyers and constitution-makers in a wide range of countries for
comparative legal analysis. And never before has the field been so institutionalized, with new
regional and international associations providing fora for the exchange of ideas and the organization
of collaborative projects.
This Handbook is one such collaborative project, a small effort to provide an overview of
the field. It is inherent that any such effort will be incomplete, and we surely recognize the
limitations of any effort to distill such a rich field into a single volume. But we also believe
that the time has come for some organization of the various issues and controversies that
structure academic and legal debate. As the field matures, such efforts will help to advance
scholarship to the next level, by focusing attention on outstanding questions as well as raising
awareness of issues worth pursuing in under-analyzed jurisdictions.
This Introduction provides a brief history of the field, and wrestles with the definitional
issues of the boundaries of the constitution. It then draws out the common themes that emerge
from a reading of the chapters, particularly as they relate to patterns of constitutional similarity
versus difference, or convergence versus divergence. The conclusion briefly speculates
on future directions for the field.