CONTENTS INTRODUCTION ‘THE NEED FOR THE STUDY OF COMPARATIVE PUBLIC LAW FUNCTIONS, PURPOSES AND USES OF COMPARATIVE LAW VALUE OF COMPARATIVE LAW SYSTEMS OF GOVERNANCE WEAKNESSES OF COMPARATIVE LAW. CONCLUSION BIBLOGRAPHY WEBLIOGRAPHY Page Page Page Page Page Page Page 4 10 12 4 Page 16 Page 18CONCEPT AND SIGNIFICANCE OF COMPARATIVE PUBLIC LAW “In foreign law you can find anything you want" ( American Chief Justice Roberts on ‘Comparative law’) INTRODUCTION ‘Comparative Law is that branch which deals with the study of laws of different nations. It is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal "systems" (or "families") in existence in the world, including, the common law, the civil law, socialist law, Jewish Law, Islamic law, Hindu law, and Chinese lav. It includes the description and analysis of foreign legal systems, even where no explicit ‘comparison is undertaken, The importance of comparative law has increased enormously in the present age of internationalism, economic globalization and democratization. The use of ‘comparative law in working out new Acts of Parliament and new laws assumes importance because of globalisation and the neccessity to be an accepted part of the comity of nations. A study of the various ways in which different countries are meeting these problems, and particularly of the ways of enforcing the responsibility of the state and its officials," cannot fill to be use ‘The origins of modern comparative law can be traced back to 18th century Europe, although, prior to that, egal scholats had always practiced comparative methodologies. Montesquieu is ‘generally regarded as an early founding figure of comparative law. His comparative approach is, “obvious in the following excerpt from Chapter III of Book I of his masterpiece, De esprit des lois -~-'The political and civil laws of each nation ... should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another. Baron De Montesquieu, The Spirit ofthe Laws ( New York: Hafner. 4They should be in relation to the nature and principle of each government: whether they form it, ‘as may be said of polite laws; or whether they support lt as in the case of eivl institutions. They should be in relation to the climate of each country, to the quality of its soi, to its situation and extent, to the principal occupation of the natives, whether husbandmen, huntsmen, or shepherds: they should have relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and ceustoms" ‘The modern founding figure of comparative and anthropological jurisprudence was Sir Henry Maine, a British jurist and legal historian.” In his 1861 work ‘Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modem Ideas’, he set out his views on the development of legal institutions in primitive societies and engaged in a comparative discussion of Eastern and Western legal traditions. This work placed comparative law in its historical context and was widely read and influential THE NEED FOR THE STUDY OF COMPARATIVE PUBLIC LAW Every lawyer truly devoted to his profession, takes pleasure in comparing the ways in which the same legal problem is dealt with in different legal systems*, Comparative law is an instrument of learning and Amowledge. The general objective of the study of comparative public law is to build capacity of the legal profession by providing advanced knowledge and skill that will enable them to: ‘Advise the public sector on contemporary public law issues. ‘+ Analyze and execute domestic legal instruments according to new policies ‘+ Conduct research and teach on contemporary legal issues related to public law meet the policy requirements of the federal, regional and local governments. ‘+ Assist in harmonization of law. ‘+ Contributing to one’s own legal system (understanding it better, including the resistance ofits traditions, improving it, using it as a means for interpreting the constitution) Public law refers to an act that applies to the public at large, as opposed to a private law that ‘concerns private individual rights, duties, and liabilities. Public law is that area of constitutional, administrative, criminal, and International Law that focuses on the organization of the government, the relations between the state and its citizens, the responsibilities of government It is concerned with political matters, including the powers, rights, capacities, and duties of various levels of government and government officials to achieve good governance. ® Sir Henry Maine, 4 Study in Victorian Jurisprudence ( Cambridge University Press) p. 34 * Ludwik Ehlich, Comparative Public Law and the Fundamentals of ls Study, Columbia Law Review, Vol. 21 No.7 (Nov., 1921), pp. 623-646 (Columbia Law Review Association ine), available at -psiwww jstororgistable/1112768 visited on 22 March 2017 at 3PM 5While Public Law was originally conceived as those areas of law dealing with State power and control over its exercise, the inereasing use of public law in private law areas such as family law has leaned towards a blurring of boundaries between to two. With liberalization and privatization ‘coming in with increasing globalization, traditional power structures are being reconstructed and. regulatory regimes are becoming increasingly powerful ‘Comparative law is an academic discipline that involves the study of legal systems, including their constitutive elements and how they differ, and how their elements combine into a system, Several disciplines have developed as separate branches of comparative law, including ‘comparative constitutional law, comparative administrative law, comparative civil law (in the sense of the law of torts, delicts, contracts and obligations), comparative commercial law (in the sense of business organisations and trade), and comparative criminal law. Studies of these specific areas may be viewed as micro- or macro-comparative legal analysis, ie. detailed ‘comparisons of two countries, or broad-ranging studies of several countries. Comparative civil law studies, for instance, show how the law of private relations is organised, interpreted and used in different systems or countries. The purposes of comparative law are: + To attain a deeper knowledge of the legal systems in effect. + Toperfect the legal systems in effect. * Possibly, to contribute to a unification of legal systems, A study of comparative law is also a very significant area of study in Public Administration as it helps in understanding administrative setups and their functioning in various settings and societies/eountries and what works anid why it works. Also, it helps improve administrative systems making them more efficient together with helping in adding and improvising the already existing literature/theories of Public Administration thus leading to a strong and practical theory of the subject with the help of practical experiments and analysis. ‘The conceptions of acts of state, of political representation, of consent, of social contract, of grants, of separation of powers, of acquired rights, of the protection of rights of individuals-—- these are just a few examples of topics requiring the study of the old and new law of different countries. The use of comparative law for working out new legal rules has a long tradition, Studying foreign law had theoretical as well as practical importance from the time when the law lost its international character and became a set of national rules, The topic had a particular interest from the point of view of legislative work. The first chairs at Universities for comparing legislation were established in the nineteenth century’ FUNCTIONS, PURPOSES AND USES OF COMPARATIVE LAW As brought out earlier, the function of comparative law is to acertain the principles common to all civilised systems of law. As per Lambert, there are two functions — one scientific and the other *R. David, Les grands syxtemes de droit contemporains, Sth ed by C. Jaufret-Spinosi, Pars 1982. p. 6,8 6practical. The scientific function aims at discovering by comparison the origin, development and extinction of certain legal institutions. This can be termed as comparative legal history. The practical part aims at creating an international law common to all such communities as have attained the same standard of civilisation, Broadly speaking, the functions of comparative law can be divided into three parts - ‘+ Universalist Approach: It implies finding of principles common to all systems of law. ‘+ Informative Approach: It implies knowing the principles of international law. It is also termed as ‘Descriptive Comparative Law’. It merely gives comparative or tabular statements and is not directed to any solution of any problem. ‘+ Practical Approach: It facilitates legislation and practical improvement of law. It is also called ‘Applied Comparative Law’ and it enables a philosopher to construct theories of law or a historian to trace the origins and development of legal concepts and institutions. ‘Comparative law is actually in the stage of development. Today its recognition as a distinct branch of study is indisputable, There are many objects of this branch of study and it is an aid to - + The legislature. ‘+ Understanding one's own legal systems. ‘+ The practicing lawyers. + The cous ‘+ Foreign trade and economic relations. In Europe and in America’, official sanction has been given to the study of foreign legislation, In Great Britain, the enactment of such measures as the Workmens Compensation Act and the National Health Insurance Act was preceded by an investigation of the steps taken in other ‘countries to solve the problems which were in issue. Closer home, the Justice Verma Committee consulted public functionaries, judges, advocates, womens organisations, Indian and international academies, NGO's, foreign laws, UDHR 1948, CEDAW 1993 and a host of legislations to form their recommendations, VALUE OF COMPARATIVE LAW Considering the above, itis important to examine the nature and extentof the results which the ‘comparative process is likely to secure when applied to the various departments of law which are conventionally recognized in all legal systems. ‘+ Comparative Jurisprudence: Comparative jurisprudence is the scholarly study of the resemblances and differences between the different legal systems. For example, study of similarities and differences between civil law and common law countries. Its not a 5 H.C. Gutteridge, Comparative Law: An Introduction o the Comparative Method of Legal Study and Research (Cambridge University Pross, 03-Dec-2015 - Law - 228 pages) 7separate branch of jurisprudence. Comparative jurisprudence is also termed as comparative law. International Comparative Jurisprudence (ICI) is designed to disseminate original multidisciplinary ideas to the broad audience of scholars and practitioners. The ICJ focuses on theoretical and practical approaches to the wide range of political, legislative, social, economic, and other issues of law. It emphasizes the comparative analysis of international jurisprudence as well as the international aspects of national law of countries across the world. ‘The principal goal of publishing the ICJ is to foster greater understanding in the field of comparative cross-border jurisprudence. To accomplish its mission, the ICI - (i places itself atthe forefront of emerging jurisprudential trends by virtue of strategic guidance of the multinational Board of Advisors, consisting of renowned legal professionals, judges, and legal practitioners; (ii) provides a forum for legal scholars and legal practitioners for discourse on legal practice and theory; (ii) promotes multicultural and interdisciplinary research. Comparative Legal History: Comparative Legal History is an international and comparative review of law and history. First, the writing of legal history is deeply intertwined with an image of law which tells us what is law, how it is ereated and by whom, This is in fact the premise for doing legal history, as it determines the object of investigation, Second, the decades 1930-60 saw a profound turn in European legal science and had great impact on Asian countries and newly independent states. Some legal scholars challenged the legacy received from the 19th century and launched an attack on the ‘formalism’ at the heart of its intellectual framework, Those path-breaking insights gave life to a wave of works self-styled as comparative legal history published in the period 1930-60. At their heart were some of the innovative ideas that have fueled original today are shared as an obvious truth (e.g. to place law in context, to think outside the doctrinal box, the dislike of abstract theorising). They are the fruit of the antiformalist tum of the 1930-60. Constitutional /Administrative Law: Constitutional law is genus end Administrative law is a species of constitutional law. A study of one entails the comparative study of the other. The impact of constitutional law upon administrative law in England is meagre and blurred specially in countries like England where the Constitution is unwritten and, as Dicey elaborates it, the rules which in other countries form part of a constitutional code are, in England, the result of the ordinary law of the land, In the result whatever control the administrative authorities can be subjected to must be deduced from the ordinary law, as contained in statutes and judicial decisions. But, in countries having written constitution, there is an additional source of control over administrative action, and that is |-historical research in the last decades, and which 8‘the written constitution which imposes limitations upon all organs of the body politi. In these countries the sources and modes of exercising judicial control over the administrative agencies are twofold, constitutional and non constitutional. It is for this reason that while at the very outset every author endeavours to distinguish the scope of administrative law from that of constitutional law, they can never afford to forget to mention that in a country having written constitution with judicial review, itis not possible to separate the two into watertight compartments. The reason being that the written constitution, being the organic law, not only sets up but also imposes limitations upon the powers of all the organs of the State, legislative, executive or judicial, and if any of these limitations be transgressed by any of these organs, the act so done will be ‘unconstitutional and invalid, So far as the acts of the executive or the administration is concerned, this is secured in India in various ways. The legislative acts of the administration ie. statutory instruments (or subordinate legislation) are expressly brought within the fold of Article 13 of the Constitution, by defining it as including order, bye- law, rule, regulation, notification having the force of law. A delegated legislation can therefore be challenged as invalid not only on the ground of being ultra vires the statute which confers power to make it (as in all common law countries), but also on the additional ground that it contravenes any of the fundamental rights guaranteed by Part III of the Constitution. Criminal Law / Comparative Criminal Justice : It is a subfield of the study of Criminal Justice that compares justice systems worldwide. Such study can take a descriptive, historical, or political approach. It studies the similarities and differences in structure, goals, punishment and emphasis on rights as well as the history and political stature of different systems.It is common to broadly categorize the functions of a criminal justice system into policing, adjudication (ie courts), and corrections, although other categorization schemes exist’, Comparativists study the four different types of societies, their methods of enforcement and their different types of punishment such as capital punishment, and imprisonment. Within these societies they study different types of legal tradition and analyze the issues they solve and create. They use their information in order to learn effective ways of enforcing laws, and to identify and solve problems that may arise within a system due to its methods. Industrial Or Labour Law - Comparative Studies: The integration of China and India? into the world economy has had an important impact on the world’s labour market. The redistribution of global industry, resulting from inereased competition for capital, has heightened attention to Indian and Chinese labour standards. To give an example, studies are being done to examine labour laws atthe national and sub-national levels in both countries and compare them to global standards, Many of China’s standards are recent and demonstrate single overarching Comparative criminal justice’ available at https://en.wikipedia.org/wiki/Comparative_criminal justice, accessed ‘on 10 April 2017 at 3 PM. "The Work, Family, and Equity index’, available at -ttpsiwww megil.caihspfilesihsp/world_equity_india_and_china pa, accessed on 20 April 2017 at 2 PM, 9approach to all employment contracts in the country. India's approach is older and less centralized, covering different industries and sectors through different laws. However, internal debates within both countries mean thatthe response to workers” well-being is evolving over time, International legal standards that are not met inelude the ILO's Reduction of Hours Recommendation (India), the 1L0"s Holidays with Pay Convention (many Indian states and a Jarge segment of Chinese workers), and the 14-week maternity leave standard (India and China. Examples of rights that have been legislated include mandatory day of rest and compensation for overtime. ‘+ Family Law and Law Of Property/Successio succession often projects a static image. One possible explanation for this is the fact that certain areas ofthe law of succession are indeed somewhat technical. However, a study of comparative family and succession law, private international law, examples of trust and the transfer of estate establishes that there are changes that have been detected and explained principally through comparative study inthe field of the law of suecession.* This aspect of comparative law is primarily intended for judges, notaries, lawyers, and registrars of civil status who find themselves in the situation of having to apply foreign laws as a result of international private law's ‘applicable law rules’. However, itis also of great value to academics and researchers, for whom it stimulates comparative studies by providing the necessary basic materials on family and succession law. It cannot be denied that the law of SYSTEMS OF GOVERNANCE Governance is the way the rules, norms and actions are structured, sustained, regulated and held accountable. The degree of formality depends on the internal rules of a given organization and, externally, with its business partners. As such, govemance may take many forms, driven by ‘many different motivations and with many different results. For instance, a government may ‘operate as a democracy where citizens vote on who should govern and the public good is the goal, while a non-profit organization may be governed by a small board of directors and pursue ‘more specific aims, Every country in the world is ruled by a system of governance that combines at least three (or ‘mote) political and/or economic attributes. Additionally, opinions vary by individuals concerning the types and properties of governments that exist. "Shades of gray” are commonplace in any government (and its corresponding classification). Even the most liberal democracies limit rival political activity to one extent or another, whilst the most tyrannical dictatorships must organize ‘a broad base of support, thereby creating difficulties for "pigeonholing” governments into narrow categories. Examples include the claims of the United States as being a plutocracy rather than a democracy since some American voters believe elections are being manipulated by the wealthy’. * Marius J. De Waa, ‘Comparative Succession Law: The Oxford Handbook of Comparative Law, Edited by Mathias Reimann and Reinhard Zimmer ° Bmnst R. Beret, "From Technocracy To Net Energy Analysis: Engineers, Beonomists And Recurring Energy ‘Theories Of Value", Studies in Energy and the American Economy, Discussion Paper No. 11, Massachusetis Institute of Technology, Revised September 1982, 10‘On the surface, identifying a form of government appears to be simple, as all governments have an official form, The United States is a constitutional republic, while the former Soviet Union ‘was a socialist republic, India is @ republic and Britain is a constitutional monarchy.The Classical Greek philosopher Plato discusses five types of regimes. They are aristocracy, timocracy, oligarchy, democracy and tyranny, Plato also assigns a man to each of these regimes to illustrate ‘what they stand for. The tyrannical man would represent tyranny for example. These five regimes progressively degenerate starting with aristocracy at the top and tyranny at the bottom”, India UK, US and India, all three of these countries are democratic countries of the world, United States is the oldest democratic country of the world and its constitution was made in 1789, Where India was the Colonial state of the United Kingdom till 1947 and the Indian Constitution came into force in 1950, But situation in United Kingdom is different. Although, UK is the democratic country but the head of the state is monarch. Besides this one of the uniqueness of the UK's constitution is that it’s not codified one like the US and India having, ‘The UK Parliament can make any law or amendment by simply passing it by majority and then send to the monarch for his assent, which just the formality part, Another difference among these three countries is that United State is a true federal country, where each state has its own constitution; India is quasi federal there only one constitution for whole country but area of ‘operation is divided between the Union and the State governments. Whereas UK is not having the federal structure, it has the unitary setup of government, In Federal system of governance, state legislatures have a say in amending the constitution but in unitary setup it’s only the Parliament which has supremacy for amending the constitution. The British parliament has the power to change and the constitution by the ordinary process of legislation. As opposed to the UK, the constitution amendment has an important place under the written Constitution like that of the US and India, Its importance increases where the system is Federal. In Federal system, additional safeguards like the involvement of Legislatures at the state level, are also provided for with a view to ensure that the Federal set-up does not get altered only at the will of the Federal Legislature. Now, to compare the amending procedure of these three countries, we will discuss the amending procedures separately of each country a provided under their Constitution. i) Amending Procedure under US Constitution The Article V of the US Constitution provides for changing (amending) the Constitution. Article V: "The Congress, whenever two-thirds of both, ‘Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three-fourths of several States, or by ‘Conventions in three-fourths thereof, as the one or other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the ibid uaNinth Section of the first Article; and that no State, without its Consent, shall be deprived of its ‘equal Suffrage in the Senate.” ‘The Procedure provided under this article is of two kinds and the US Congress has a liberty to ‘choose any one the procedure provided under this Article, The Article provides that the Constitution can be amended either through a) an act of Congress (US Parliament) b) a national constitutional convention, Under the first option by an act of Congress, any Member of Congress ‘may propose to amend the Constitution by introducing a joint resolution. The legislation is, treated like any other in terms of committee consideration, floor scheduling and debate. Passage, however, requires a 2/3 vote in each chamber. Ifall were present that would mean 290 out of 435 Members of the House and 67 out of 100 Senators. These super-majorities are very difficult to obtain, And once passed, the proposed amendment is not sent to the President like it is done in India or like in UK send to the Royal head of the UK. Instead, itis sent to the states, Three- fourths -- or 38 ~ of the states must ratify the proposed amendment. Congress is given the authority by Article V to select one of two methods for the states to use in the rat process: ratification by vote of the state legislatures or ratification conventions called for that purpose. Only one amendment -- the 21st (repealing Prohibition) -- was ratified using the state convention method instead of being ratified by the state legislatures. The second option for amending the US Constitution, the call of a National Constitution Convention as described in Article V, a National Constitutional Convention requires 2/3 of all state legislatures (34) to petition US Congress to convene a National Constitutional Convention. But the Article V contains no guidelines for how such a National Convention would be run. This method of amendment has never been implemented successfully. There has only been one constitutional, convention to date - the original 1787 Constitutional Convention, which produced the U.S. Constitution. The rigidity of the US Constitution can be understood by this fact that since 1789, ‘over 10,000 amendments to the US Constitution have been introduced in Congress. Of those, only 33 were adopted and sent to the states for ratification, and only 27 were ultimately ratified For amending the constitution in US, state legislatures have a major role to play and it’s not the absolute power of the US Congress. Whereas under Indian Constitution States has a role to play for amending the constitution but not in all matters. And there is complete different picture in UK, because it’s does not have the federal structure of government so question of state ratification comes, Study of comparative public law and various types of governance becomes especially important in the political science fields of comparative politics and international relations. WEAKNESSES OF COMPARATIVE LAW Granted that comparative law as a separate branch of law is getting tremendous support in most of the legal systems of the world. However there are certain drawbacks of this branch of legal study which are hindering the development of this subject. In the first place it is to be admitted that the process of comparison is a difficult process. To collect material and then to compare 2laws and legal institutions of different countries warrants a special kind of aptitude. The difficulty is accentuated by many reasons vis — non availability of material, language, lack of aptitude etc. Moreover there is no special method or format of comparison. The styles of ‘comparative study of lawyers and academics are all different and so are the conclusions drawn. and these conclusions at times vary seriously with each other. The result is confusion and not a solution to the problem. Also, itis important to remember that incomparables cannot be compared. If we compare different legal systems, we see that the system of one country, one community, one culture, one ethnic minority may be completely alien and un acceptable to another. ‘© The Western Legal System: The Christian version was that a person, as God's delegate, had the power of reason and revelation, and thus could carry out God's work. Moreover, due to the Renaissance and the Enlightenment, philosophers such as Decartes and Locke developed the human law that was lacking in the Chthonic tradition. Christianity's philosophy with its ability to ‘switch from the Old Testament to the New Testament allowed human law to flourish, It also facilitated the development of common law and eivil la ‘© The Chinese Legal System: Peter De Cruz in Comparative Law in a Changing World, has stated ‘that in the East, laws are perceived as having a minor role. Other factors are more important; take for example China's emphasis on the value of hard work. The government has a discretion to review any division of an estate to ensure that productivity will not be hampered by the distribution, What is of particular interest is that an heir may be given a larger share than what has been stipulated in the deceased's will if he is deemed to possess ‘special labour productivity. Moreover, in keeping with China's emphasis on family solidarity, the inheritance laws require all heirs, even their spouses, to fulfill their duty to the decedent as a condition of inheritance. To Chinese legal scholars, the failure or neglect of family members to support one another is more than illegal, itis immoral as well. Article 13 of the PRC's Constitution gives effect to the Chinese practice of providing for each other within the family, a laudable ideal which Western legal systems should emulate. It may be scen that Confucian emphasis on close family tics has permeated right dawn to the lav, and is even enshrined in Chinese Statutes. The desire to protect family life may perhaps go too far al times, though, as art 27 provides, inter alia, that the husband is ‘not allowed to apply for a divorce when his wife is pregnant or within one year after the birth of a child. There are even instances where old habits and traditions are so ingrained that they override laws, and this is to be criticised as it hampers China's development as a modern and progressive country. The Chinese legal system draws its strength from Confucianism and, to a lesser extent, from the Legalist and Buddhist traditions. The Confucian system views human habits as being susceptible to moral suasion and this has consequences in practical legal dealings in day-to-day life; for example, business relations are not reduced to written form and are seen to be the product of harmonious relationships. A Westen lawyer would find such a concept difficult to fathom: afterall, business is business. Patrick Glenn states that a kind of fireside equity’ would eliminate any difficulties. To the Chinese mind, 'guanxi' or relations is what is almost indispensable in forming legal agreements. a‘The Indian Legal System: One can also note that ascending powers are likely to incorporate their own cultures into their laws. Hindu law's displacement by English law as a result of colonisation is resilient to an interregnum for a few decades before itreasserts itself: Moreover, it is highly resilient to foreign influences, The laws of Manu on family and succession prevailed (with some modifications) right till independence. As regards conciliation and alternative dispute resolution in India, the ‘panchayat (an ancient system used to adjudicate conflicts) still functions vibrantly even to the present day. The British influence on the Indian legal system on the whole thas been positive. The State institutions gained prominence whereas many aspects of customary Jaw were relegated to the background. But there are still arcas to be improved upon. Although uuntouchability has been abolished, many sections of the Indian public still harbour old fashioned and crusty attitudes on caste’. Quite clearly, this law does not have much recognition and, hence, its value is somewhat limited, ‘To appreciate its significance of the study of comparative public law, itis perhaps useful to distinguish between three purposes pursued by those who use foreign patterns of law in the process of lawmaking. Foreign legal systems may be considered first, with the object of preparing the international unification of the law, secondly, with the object of giving adequate legal effect to a social change shared by the foreign country with one’s own country,and thirdly, with the object of promoting at home a social change which foreign law is designed cither to express or to produce’ * O Kahn Freund{ formerly Professor of Comparative Law, Oxford), Examples of legislation-especially in the field of commercial law-passed with the object of international unification are numerous, and their number will grow more rapidly as a result of the entry of the United Kingdom into the European Communities. Transport by sea,” by road, by air have been regulated to some extent by such international legislation, And in the very different arcas of the conflict of laws, including such matters as wills, the adoption of children and the recognition of ‘foreign divorces It is secondly, in the field of family law that we find the principal examples of legislative achievements and proposals partly based on foreign patterns with a view to the adjustment of the law to social change. This aspect comprises a detailed study of foreign patterns of legislation, here come the study of divorce law, anti - rape laws and uniform civil code for the country Nor do we, thirdly, lack examples for the use of foreign legal pattems for the purpose of producing rather than responding to social change at home--examples as different in character as restrictions on the freedom to strike, the encouragement of 1a Uses And Mis-uses OF Comparative Law,,The Modern Law Review, Volume 31, January 1974, Vol 4complaints against maladministration and the suppression of racial and social discrimination, ‘The use of comparative law in working out new Acts of Parliament and new codes r important theoretical and practical questions. Irrespective of the functioning of the new rules, however, the experience got so far shows that - + The use of comparison is a basic element of the civil law codification. ‘+ The comparison should be a functional one. The comparison should include an analysis of the economic and legal system of the country which codifies as well that of the country compared with. To conclude, it is clear that to have good laws; knowledge, comparison, addition and cooperation with foreign experts and foreign public law methods is a necessity. “All legal systems are mixed; all legal systems are overlapping, they are all mingled together" 15BIBLOGRAPHY Baron De Montesquieu (1949). The Spirit of the Laws, New York: Hafner H. C, Gutteridge, Comparative Law: An Introduction to the Comparative Method of Legal Study ‘and Research (Cambridge University Press, 03-Dec-2015 - Law - 226 pages). Sir Henry Maine: A Study in Victorian Jurisprudence. Cambridge University Press. p. 34 R. David, Les grands systémes de droit contemporains, 8th ed, by C. 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Elizabeth Giussani, Constitutional and Administrative Law (Sweet and Maxwell, 2008). Erwin Chemerinsky, Constitutional Law, Prineiples and Policies (3rd ed., Aspen, 2006) MLV. Pylee, Constitution of the World (Universal, 2006) Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company, 1989). 16Neal Devins and Louis Fisher, The Democratic Constitution (Oxford University Press, 2010) S.N Ray, Judicial Review and Fundamental Rights (Eastern Law House, 1974). 11. Sudhir Krishna Swamy, Democracy and constitutionalism in India — A Study of the Basic Structure Doctrine (Oxford University Press, 2009) Sunil Khilnani, Vikram Raghavan, Arun Thiravengadam, Comparative Constitutionalism in South Asia (Oxford University Press, 2013), Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press, 2009). Zachery Elkins, Tom Ginsburg, James Melton, The Endurance of National Constitutions (Cambridge University Press, 2009), vWEBLIOGRAPHY *Constitutionalism'", kiruthikadhanapal@legalserviceindia.com, retreived from http:/www.legalservicesindia.com/article/article/constitutionalism=1699-1.html, visited on 20 March 2017 at 4 PM. https:/vww slideshare.net/nsrkbharat/comparative-public-law-and-system-of- governance. |ttp://rem. ijdschriften.budh.nl/tijdsehrifVlawandmethod/2015/12/RENM-D-14-00001 |https://www.academia.edu/7677972/Comparative_Public _eredits_Course_Instructors. aw_and_Systems_of Governance 3 http://www ili.ac.in/Comparative%20Publie%20Law pdf, bitps:!Avww jstor.org/stable/pdi/1 112768. pdf. 18