Modern Constitutional Reforms: The Role and Tasks of Comparative Law

The active reform of constitutions in the first quarter of the 21st century and the adoption of new constitutions objectively stimulate comparative legal research. The researchers are faced with the task of determining the main characteristics and scope of constitutional reforms, their difference from amendments to the texts of constitutions. One of the features of modern constitutionalism is the expansion of the objects of constitutional regulation. A special place is given to the reflection at the constitutional level of the value component expressing national identity. A new phenomenon in constitutional law, constitutional identity, is subject to analysis. The article provides specific examples of this trend. The methodology and methods of comparative law are generally applicable in the study of constitutional reforms. In particular, the author advocates a combination of normative and functional methods in the analysis of constitutional reforms. The conclusion is formulated that not only comparative studies of reforms in different countries are of interest, but also a comparative analysis of the stages of constitutional development within one country, in particular Russia.

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Publication Details

Journal
Journal of Foreign Legislation and Comparative Law
Published
2025-01-01
DOI
https://doi.org/10.61205/jzsp.2025.3.2
Primary Topic
Comparative and International Law Studies
Type
article
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article

Modern Constitutional Reforms: The Role and Tasks of Comparative Law

Anatoly Kovler
Journal of Foreign Legislation and Comparative Law
Comparative and International Law Studies
article

Modern Constitutional Reforms: The Role and Tasks of Comparative Law

Anatoly Kovler
article en

Abstract

The active reform of constitutions in the first quarter of the 21st century and the adoption of new constitutions objectively stimulate comparative legal research. The researchers are faced with the task of determining the main characteristics and scope of constitutional reforms, their difference from amendments to the texts of constitutions. One of the features of modern constitutionalism is the expansion of the objects of constitutional regulation. A special place is given to the reflection at the constitutional level of the value component expressing national identity. A new phenomenon in constitutional law, constitutional identity, is subject to analysis. The article provides specific examples of this trend. The methodology and methods of comparative law are generally applicable in the study of constitutional reforms. In particular, the author advocates a combination of normative and functional methods in the analysis of constitutional reforms. The conclusion is formulated that not only comparative studies of reforms in different countries are of interest, but also a comparative analysis of the stages of constitutional development within one country, in particular Russia.

Journal of Foreign Legislation and Comparative LawVol. 21(3)
The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Openalex Percentile: Top 61%
Comparative and International Law Studies
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Modern Constitutional Reforms: The Role and Tasks of Comparative Law — Anatoly Kovler · Journal of Foreign Legislation and Comparative Law (2025) | TGRS Research Map | TGRS