n South African Law Journal - Constitutional comparativism in South Africa

Volume 123, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Recourse to comparative constitutional and public law by national courts has increased steadily since the SecondWorldWar. Though less dramatic, such a trend is also visible in private law as it moves away from a purely or very predominantly historical approach to a normative one, and as constitutional law and values exert ever greater influence on private law. Comparative law is especially important in constitutional and public law. It assists in the correct framing of the questions under investigation, it exposes fallacies or dangers in solutions and remedies, and, perhaps most importantly of all, it assists judicial problem solvers in their attempts to rigorously falsify provisionally formed hypotheses.

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