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Comparative Constitutional Law

This selective guide highlights major print and electronic resources available to Cleveland-Marshall College of Law students researching issues in Comparative Constitutional Law.  Please contact the research services staff during research service hours, or via email to research.services@law.csuohio.edu, for help in locating these or other resources to meet your needs.


Some of the links below lead to CALI, LexisNexis, and Westlaw files, which require a student password for access.  [If you connect to any of these files, be sure to log out of the system at the end of your research.]  Other links lead to records in SCHOLAR, the Cleveland State University electronic catalog.  Use your browser's "Back" button to return to this Comparative Constitutional Law Resource Guide.

Introduction

Constitutions and Background Materials

Cases

Codes and Legislation

Treatises and Practice Guides

Study Aids

Searching SCHOLAR and OhioLINK

Journal Articles and Current Awareness Services

Aggregate Databases and Other Web Resources

 

Introduction

Comparative Law examines legal theories and systems by comparing them to one another. Such studies became important as nations started to resolve internal and external conflicts of law through national uniform laws and international conventions. Today, Comparative Law is becoming increasingly important in regards to practical needs associated with the globalization of world trade as well as the harmonization of legal traditions and systems in the codification of law within the European Union.

Comparative Constitutional Law examines government structure and constitutional law in several different countries. Analyzing cultural and political aspects of constitutionalism, key concerns include the relationship between constitutionalism and written constitutions, government change and transition, court structures and judicial review, separation of powers, federalism, executive and legislative processes, individual constitutional rights, and social welfare. Comparative Constitutional Law study should help one to better understand different approaches to equitable, effective, efficient, and stable government.

If you're a student who's trying to pick a topic in comparative constitutional law for a note or article, check out Lawtopic.com and review its Constitutional Law and International Law sections.  Also, consider reviewing current issues and hot topics on news Web sites such as American Lawyer Media's  American LawyerLaw.Com, National Law Journal, and New York Law Journal, as well as Lawyers Weekly.

 

Constitutions and Background Materials

U.S. Constitution

[Link via Cornell University Law School's  Legal Information Institute. ]

A Century of Lawmaking For a New Nation:  U.S. Congressional Documents and Debates

Includes materials from the Continental Congress and Constitutional Convention as well as Statutes, Documents, Congressional Journals, and Congressional Debates.  [Provided by the Library of Congress American Memory Web site.]

The Federalist Papers

Eighty-five essays, written between October 1787 and May 1788, by Alexander Hamilton, John Jay, and James Madison.  [Provided by the Library of Congress THOMAS Web site of federal legislative information.]

The Founders' Constitution

Web-based version, provided by the University of Chicago Press and Liberty Fund, of the multi-volume anthology edited by Philip B. Kurland and Ralph Lerner.  Includes a wide assortment of documents, from the early 1600s to the 1830s, regarding constitutional government and the US Constitution, arranged by constitutional themes as well as by Articles and Clauses of the US Constitution and the Amendments.

FindLaw's Constitutional Law Center U.S. Constitution Materials

Analysis and annotations arranged by the US Constitution Articles and Amendments.  Based on the Library of Congress Congressional Research Service 1992 document edited by Johnny H. Killian and George A. Costello, as well as the 1996 and 1998 supplements edited by Johnny H. Killian, George A. Costello, and Kenneth R. Thomas.  Includes links to cited US Supreme Court cases.

Constitution Society's National Constitutions

Provides full text of constitutions of over 100 countries.  Also includes historical constitutions and constitutional materials.

Georgetown University, Edmund A. Walsh School of Foreign Service, Center for Latin American Studies, Political Database of the Americas' Constitutions by Country

Provides full text of Organization of American States member states' constitutions "in the original language of composition."

University of Richmond School of Law's Constitution Finder

Provides full text of constitutions of over 195 countries.  Also includes historical constitutions and constitutional materials.

 

Cases

Supreme Court of the United States

Includes docket, court rules, case handling guides, opinions (coverage begins in 2001), oral arguments (selected coverage begins in 2000), orders (coverage begins in 2000), and Supreme Court Journal (coverage begins in 1993).

Cornell University Law School Legal Information Institute's Supreme Court Collection

Searchable database of opinions, with full coverage from 1990 to the present, as well as 600 historical decisions.  Also includes calendar, schedule of oral arguments, judicial biographies, court rules, and several links to other Web-based materials.

U.S. Courts:  The Federal Judiciary

The Administrative Office of the US Courts provides links to all U.S. Circuit Courts of Appeals and District Courts, PACER (Public Access to Court Electronic Records) service center, and other federal court information.

Council of Europe's Constitutional Courts

Provides links to the constitutional courts of over 55 countries, as well as those of the Council of Europe, European Union, and Organization of American States.

LexisNexis Source Files:

Area of Law - By Topic:  Constitutional Law:  Cases:  Federal:  Federal Constitutional Law Cases  [Includes all US Supreme Court, US Courts of Appeal, and US District Courts cases, as well as cases from US Bankruptcy Courts, US Court of Federal Claims, Claims Court and Court of Claims, Courts of Military Appeals and Military Review, Customs Court, US Court of International Trade, US Tax Court, Tax Court Memos, Board of Tax Appeals, Commerce Court, and US Court of Veteran Appeals.]

See also individual source files in these LexisNexis Library sections:

*Area of Law - By Topic:  International Law:  Global Legal  [See case files under listings for over 25 countries.]

*Area of Law - By Topic:  International Law:  Cases  [Includes decisions and opinions from International Court of Justice, as well as Commonwealth and Irish, Australian Commonwealth, England and Wales, Scottish, European Union, European Court of Justice, Hong Kong, New Zealand, Singapore and Malaysia and Brunei, and South African cases.]

*Federal Legal - U.S.:  Combined Federal Court Cases

*Federal Legal - U.S.:  Supreme Court Cases & Materials

*Federal Legal - U.S.:  Circuit Court Cases - By Circuit

*Federal Legal - U.S.:  District Court Cases - By Circuit

Westlaw Databases:

See individual databases in these Westlaw Directory sections:

*International/Worldwide Materials   [See case databases under listings for over 75 countries.]

*Topical Materials by Area of Practice:  International Law  [Includes WTO & GATT Panel Decisions and Iran-U.S. Claims Tribunal Decisions, as well as International Court of Justice and International Criminal Tribunal cases.]

*Topical Materials by Area of Practice:  Constitutional Law:  U.S. Federal Cases  [Includes Federal First Amendment and Death Penalty cases.]

*U.S. Federal Materials:  Cases & Judicial Materials:  Judicial Materials:  U.S. Supreme Court Databases

*U.S. Federal Materials:  Cases & Judicial Materials:  Courts of Appeals Cases by Circuit

*U.S. Federal Materials:  Cases & Judicial Materials:  District Court Cases Organized by Court of Appeals Circuits after 1944

See also Constitutional Law and International Law sections of KeySearch in Westlaw.

 

Codes and Legislation

LexisNexis Source Files:

Area of Law - By Topic:  Constitutional Law:  Statutes & Legislative Materials:  Federal: USCS - Constitution of the United States  (and)  USCS - Public Laws

See also individual source files in these LexisNexis Library sections:

*Area of Law - By Topic:  International Law:  Global Legal  [See statute, law, and legislative material files under listings for over 25 countries.]

*Area of Law - By Topic:  International Law:  Statutes & Legislative Materials  [Includes statutes and laws of Canada, England and Wales, Russian Federation, Hungary, and Malaysia.]

*Federal Legal - U.S.:  United States Code Service (USCS) Materials

*Federal Legal - U.S.:  Legislative Histories & Materials

Westlaw Databases:

Topical Materials by Area of Practice:  Constitutional Law:  U.S. Constitution, Statutes & Legislation:  United States Code Annotated  (and)  United States Code Annotated 2006

See also individual databases in these Westlaw Directory sections:

*International/Worldwide Materials   [See statute, law, and legislative material databases under listings for over 75 countries.]

*Topical Materials by Area of Practice:  International Law:  Laws By Country  [See statute, law, and legislative material databases under listings for Bermuda and Cayman Islands, as well as Commercial laws of Eastern and Central Europe and American Society of International Law International Legal Materials databases.]

*U.S. Federal Materials:  Federal Statutes

*U.S. Federal Materials:  U.S. Code Congressional & Administrative News

 

Treatises and Practice Guides


Selected significant treatises and practice guides in the Cleveland-Marshall College of Law Library collection which provide a foundation in issues of Comparative Law include the following:

Always on the Same Path: Essays on Foreign Law and Comparative Methodology  / Basis S. Markesinis. Hart, c2001. K559 .M381 2001

The Austrian Legal System / Herbert Hausmaninger. The Hague and Wien Manzsche Verlags with Kluwer Law International, c2000. KJJ68 .H38 2000

Comparative Constitutional Traditions / James T. McHugh. P. Lang, c2002. K3165 .M39 2002

Comparative Law: an Introduction / Vivian Grosswald Curran, ed. Carolina Academic Press, c2002. K559 .C65 2002

Comparative Law Facing the 21st Century / John W. Bridge, ed. UKNCCL (United Kingdom National Committee of Comparative Law), c2001. K555 .I587 2001

Comparative Law in Global Perspective: Essays in Celebration of the Fiftieth Anniversary of the Founding of the SOAS Law Department / Ian Edge, ed. Transnational Publishers, c2000. K561 .C657 2000

Comparative Law in the 21st Century / Andrew Harding and Esin Orucu, eds. Kluwer Academic, c2002. K559 .W124 2002

Comparative Law in the Courtroom and Classroom: the Story of the Last Thirty-Five Years / Basil Markesinis. Hart, c2003. K559 .M39 2003

Comparative Law: Law and the Legal Process in Japan / Kenneth L. Port and Gerald Paul McAlinn. Carolina Academic Press, c2003. KNX68 .P67 2003

Comparative Legal Studies: Traditions and Transitions / Pierre Legrand and Roderick Munday, eds. Cambridge University Press, c2003. K559 .C66 2003

Comparative Tax Law / Victor Thuronyi. Kluwer Law International, c2003. K4460 .T48 2003

Constitutional Comparison: Japan, Germany, Canada and South Africa as Constitutional States / Francois Venter. Juta and Kluwer Law International, c2000. K3165 .V46 2000

Core Questions of Comparative Law / Bernhard Grossfeld. Carolina Academic Press, c2005. K559 .G75813 2005

Courts and Political Institutions: a Comparative View / Tim Koopmans. Cambridge University Press, c2003. K2100 .K66 2003

Critical Studies in Ancient Law, Comparative Law and Legal History / John W. Cairns and Olivia F. Robinson, eds. Hart, c2001. K590 .C74 2001

The Enigma of Comparative Law: Variations on a Theme for the Twenty-First Century / Esin Orucu. Martinus Nijhoff Publishers, c2004. K552 .O78 2004

The Essential Concept of Law / James T. McHugh. Peter Lang, c2002. K559 .M38 2002

Human Rights and Comparative Foreign Policy / David P. Forsyth, ed. United Nations University Press, c2000. K3240.4 .H844 2000

Introducing Discovery into Civil Law / Kuo-Chang Huang. Carolina Academic Press, c2003. K2247 .H83 2003

The Jurisprudence of Human Rights Law: a Comparative Interpretive Approach / Theodore S. Orlin, Allan Rosas, and Martin Scheinin, eds. Abo Akademi University Institute for Human Rights and Syracuse University Press, c2000. K3240 .J87 2000

Legal Scholarship in International and Comparative Law / Thomas Gross, ed. P. Lang, c2003. K555 .G54 2003

Labor Standards in the United States and Canada / Richard N. Block, Karen Roberts, and R. Oliver Clarke. Upjohn Institute for Employment Research, c2003. HD8072.5 .B57 2003

Legal Traditions of the World: Sustainable Diversity in Law / H. Patrick Glenn. Oxford University Press, c2004. K559 .G545 2004

Lex et Romanitas: Essays for Alan Watson / Michael Hoeflich, ed. Robbins Collection, c2000. K561 .L48 2000

Multinational Statutes Compared: a Research Guide to Statutes by Subject / Jon S. Schultz. W.S. Hein, c2003. K85 .S38 2003

On Common Laws / H. Patrick Glenn. Oxford University Press, c2005. K559 .G547 2005

Rethinking the Masters of Comparative Law / Annelise Riles, ed. Hart Pub., c2001. K561 .R68 2001

Themes in Comparative Law: in Honor of Bernard Rudden / Peter Birks and Arianna Pretto, eds. Oxford University Press, c2002. K561 .T48 2002

 

Study Aids


CALI (Computer-Assisted Legal Instruction) Tutorials

Connect to the CALI Library of Lessons available to Cleveland-Marshall College of Law Students. You must register a personal password with CALI to use the CALI tutorials. [If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here .] In particular, note the Introduction to Foreign Legal Research lesson.

Comparative Legal Traditions in a Nutshell / Mary Ann Glendon, Michael Wallace Gordon, and Paolo G. Carozza. West Group, c1999. K560 .G43 1999

Dictionary of International and Comparative Law / James R. Fox. Oceana Publications, c2003. KZ1161 .F69 2003

Elgar Encyclopedia of Comparative Law / Jan M. Smits, ed. Edward Elgar Pub., c2006. K48 .E42 2006

 

Searching SCHOLAR and OhioLINK   (SCHOLAR hands-on instruction)

SCHOLAR is the electronic catalog for Cleveland State University's Law Library and University Library.  CSU also participates in the state-wide consortia OhioLINK, which provides access to a state-wide central catalog and numerous research databases.  For treatises and other materials, search the SCHOLAR and OhioLINK catalogs with the subject heading Comparative Law.  See also Ethnological Justice and Law and Anthropology subject headings.

 

Journal Articles and Current Awareness Services

See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.  That guide covers print and electronic indexes, as well as electronic full-text journals.  In particular, note OhioLINK's  Electronic Journal Center and its Social Sciences - Politics, Political Science, and Law subject cluster.

Selected specialty journals and current awareness materials concerning Comparative Law in the Cleveland-Marshall College of Law Library collection include:

American Journal of Comparative Law. American Association for the Comparative Study of Law. K1 .M47 & Electronic

Annual Survey of International & Comparative Law. Golden Gate University School of Law. K1 .N58

Arizona Journal of International and Comparative Law. University of Arizona College of Law. K1 .R477 & Electronic

Boston College International and Comparative Law Review. Boston College School of Law. K2 .O6742 & Electronic

Comparative Law. Nihon University Comparative Law Institute. K3 .O583

The Comparative Law Yearbook of International Business. Graham & Trotman / Martinus Nijhoff. K64 .C6

Duke Journal of Comparative & International Law. Duke University School of Law. K4 .U4452 & Electronic

Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World / Thomas H. Reynolds and Arturo A. Flores. F.B. Rothman. K38 .R49

Georgia Journal of International & Comparative Law. University of Georgia School of Law. K7 .E65 & Electronic

Guide to International Legal Research [George Washington Journal of International Law and Economics]. LexisNexis. KZ1234 .G85

ILSA Journal of International & Comparative Law. Nova Southeastern University Shepard Broad Law Center. K1 .A117 & Electronic

Indiana International & Comparative Law Review. Indiana University School of Law - Indianapolis. K9 .N367 & Electronic

Indiana Journal of Global Legal Studies. Indian University School of Law - Bloomington. K9 .N349 & Electronic

International and Comparative Law Quarterly. British Institute of International and Comparative Law. K9 .N749 & Electronic

International and Comparative Law Review. University of Miami School of Law. Electronic

International Encyclopaedia of Laws. Property and Trust Law / Alain Verbeke, ed. Kluwer Law International. K720 .P7573

Journal of Transnational Law & Policy. Florida State University College of Law. K10 .O8977 & Electronic

Loyola of Los Angeles International & Comparative Law Review. Loyola Law School. K12 .O89 & Electronic

New England Journal of International and Comparative Law. New England School of Law. K14 .E77 & Electronic

Pace International Law Review. Pace University School of Law. K16 .A33

Temple International and Comparative Law Journal. Temple University School of Law. K24 .E34 & Electronic

Tulane Journal of International and Comparative Law. Tulane Law School. K24 .U394 & Electronic

Tulsa Journal of Comparative & International Law. K24 .U45 & Electronic

Waseda Proceedings of Comparative Law. Waseda University Institute of Comparative Law. K27 .A746

Washington University Global Studies Law Review. Washington University School of Law. K27 .A83 & Electronic

Wisconsin International Law Journal. University of Wisconsin Law School - Madison. K27 .I79 & Electronic

 

Aggregate Databases and Other Web Resources

American Society of International LawElectronic Information System for International Law

Provides full-text of hundreds of foreign and international law materials.

Chan Robles & Associates Law Firm's Virtual Law Library:   Constitutional Laws of Nations of the World

Provides full-text of constitutional materials of over 130 countries.

Columbia Law School's List of Guides to Foreign Legal Research

Cornell Law School's Legal Information Institute:  Law about:   International Law

FindLaw:  Practice Areas:  International Law

Harvard Law School's Foreign & International Law Resources: An Annotated Guide to Web Sites Around the World

Harvard Law School's International, Foreign & Comparative Law Research Guides

Hieros Gamos Worldwide Legal Directories:  Law for 230 Countries

Hieros Gamos also provides hundreds of links to materials and resources concerning the United Nations, European Union, NAFTA, and international law.

Internet Legal Research Group:  Global Index

Intute:  Social Sciences:  Law

Provides hundreds of links to materials and resources in international law, United Kingdom law, European Union law, and over 200 other countries.

Jurist:  Legal Research:  Law Guides:  International and Comparative Law

Law Library of Congress:  Global Legal Information Network

Provides "a public database of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations."

Law Library of Congress:  Guide to Law Online:  Multinational Reference

Law Library of Congress:  Guide to Law Online:  Nations of the World

LexisONE:  Legal Web Site Directory:  Practice Areas:   International Law

LexisONE:  Legal Web Site Directory:  Practice Areas:   International Trade Law

LexisNexis:   Area of Law - By Topic:  International Law

Includes cases, statutes and legislative materials, treaties and international agreements, administrative materials and regulations, law reviews and journals, treatises and analytical materials, general news and information, legal news, legal reference materials, and import/export materials for over 25 countries.

MegaLaw.com - Legal Research - Topic Index -  International Law

MegaLaw.com - Legal Research - Topic Index -  Trade & Customs

New York University School of Law Library's Guide to Foreign and International Legal Databases

New York University School of Law's GlobaLex

Provides scores of links to materials and resources in comparative, foreign, and international law.

OhioLINK Research Databases:   Law and Legislation

Includes LexisNexis Academic, PAIS International, Papers First, Proceedings First, Social Sciences Citation Index.

Organization of American States

Provides full-text of the OAS Charter, Executive Orders, Administrative Memoranda, Directives, Conventions, Declarations, treaties, and a wide assortment of other agreements.

Axel Tschentscher's International Constitutional Law

Provides full-text of constitutional documents of over 90 countries and general information on over 40 countries.

United Nations:  International Court of Justice

Provides citation information on decisions, pleadings, oral arguments, and other documents of selected cases from 1947 to date, as well as full-text of the Statute of the Court, Rules of Court, and Practice Directions.

University of Michigan School of Information's Government Gazettes Online

Washburn University School of Law Library's Foreign and International Law Web

Provides hundreds of links to international law materials.

Washburn University School of Law's Constitutional Law - International

Provides full-text of constitutional materials of over 25 countries.

Westlaw:  Topical Materials by Area of Practice:   International Law

Includes cases, legislation, regulations, international agreements and treaties, international news, and business materials.

Westlaw:  International/Worldwide Materials
Includes cases; legislation; rules and regulations; patents and trademarks; legal news; law reviews, bar journals, and legal periodicals; texts and treatises; business news; organizations and institutions; law directories; and practice materials.

World Legal Information Institute

Provides thousands of links to law-related databases and materials for hundreds of countries.

 

Laura E. Ray, MA, MLS

Educational Programming Librarian

January 2007

 

 

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