blog




  • Essay / Comparative Constitutional Approach Essay - 1195

    The nature of the American Constitution has allowed the country to reinterpret the Constitution over time and adapt it to the modern context. What constitutes “cruel and unusual” under the Eighth Amendment is very different today than it was when the Constitution was adopted; some call it a living Constitution. The difficulty would be to adapt a positive law, for example affirmative action as implemented in the German Constitution, and apply it in the United States in the context of the "equal protection clause" of the Fourteenth Amendment. Different constitutions require different national approaches to interpreting and applying the country's law, and foreign jurisprudence must be closely tailored to each country's needs and constitutional principles. For example, a country that suffers from a rampant corruption problem might be more rigorous in punishing offenders than a country that might have a serious sexual violence problem. The role of the Constitutional Court is to interpret the constitution on behalf of the country's citizens, not a foreign nation that may have other political needs or doctrines. Ultimately, culture generally shapes the constitution over time, they vote for the legislative branch, the executive branch which appoints Supreme Court justices.