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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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33The competing effect of national uniqueness and comparative influences on constitutional practice

Zaid Al-Ali and Arun K Thiruvengadam*

33.1 Introduction

This chapter focuses on theoretical, historical and contemporary trends in constitutional drafting with a particular focus on how local context and characteristics that are unique to particular countries interact with comparative influences. The latter have played a major role in shaping significant domestic constitutional decisions. This historical fact continues to be manifested in contemporary constitutional cultures. We examine the effect of forces of globalization and other phenomena that have led scholars to suggest that we are in an era of convergence of constitutionalism. Our analysis ...

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