Article

Development of Comparative Law in the United States

David S. Clark

in The Oxford Handbook of Comparative Law

Published in print November 2006 | ISBN: 9780199296064
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199296064.013.0006

Series: Oxford Handbooks in Law

Development of Comparative Law in the United States

Preview

After reviewing the role for comparative law in the United States Supreme Court, this article examines the origins of comparative law activities during the formative era of the United States. The first 125 years of United States history saw some exportation of American laws and legal institutions, primarily to the newly independent Latin American nations in the 1820s. These included concepts from the Constitution of 1789, the 1791 Bill of Rights, and public law structures such as federalism, a presidential executive, and judicial review of legislative and executive action. By the twentieth century, American comparative law began to form as an organized activity, with its own journal and annual meetings. This process was uneven, but steady. When the Comparative Law Bureau folded into a more comprehensive ABA section, the American Foreign Law Association kept the flame alive. Comparatists dealt with more complex methods and issues, some debated in international meetings.

Keywords: American laws; Bill of Rights; federalism; American comparative law; United States Supreme Court

Article.  17189 words. 

Subjects: Law ; Comparative Law

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