The Role of Comparative Legal Research in The Development of Law

Zubair, Aishat Abdul-Qadir
June 2014
Australian Journal of Basic & Applied Sciences;Jun2014, Vol. 8 Issue 9, p249
Academic Journal
Background: Comparative legal research is a field of law that has been abandoned over the decades for its lack of popularity as a concept due to the many controversies and criticisms surrounding it. It is a field of study that is only recently gaining footing in the legal profession with its recent resurgence and awakening of legal scholars and student to the fact that it may have some importance after all. Objective: This article therefore aims to show how comparative legal research has influenced the development of law from time immemorial to the present time and see how it will continue to do so in the future despite the pitiable situation it is in presently. It is also the aim of this article to show the efforts made by comparatists in making sure that laws are in conformity with the advancement in development around the globe by its main function of law reform especially in this era of globalization. The article, while concentrating on the impact comparative legal research has had on the development of law with special reference to law reforms in some modern nations, also analysis the manners in which comparative legal research has been used to solve some international dispute on commercial law when they arise. Results: The result of this research shows amongst others: that one of the aims of comparative legal research is to find solutions to a specific problem in a legal system by comparing with other legal systems having a similar problem or condition; that the methods used in comparative legal research are not original to the discipline and there is no one single method generally accepted by all comparatists; and that the concept of comparative legal research helps the law makers in solving quite a number of problems faced in the process of law making.. Conclusion: The article concludes that legislation and law reform are the main purpose of comparative legal research.


Related Articles

  • AUSTRALIAN SPENT CONVICTIONS REFORM:A CONTEXTUAL ANALYSIS. Paterson, Moira; Naylor, Bronwyn // University of New South Wales Law Journal;2011, Vol. 34 Issue 3, p938 

    The article focuses on spent convictions reform for ex-convicts in Australia. Topics include the number of Australians in the criminal justice system between 2009 and 2010, the effects of criminal records on an ex-convict's ability to obtain work or be promoted, and the Australian Model Spent...

  • Police swoop on interstate AV crime syndicate. Algar, Keri // Appliance Retailer;Feb2011, Vol. 17 Issue 1, p11 

    The article reports on the collaboration of the police department in New South Wales and Queensland to bust a crime syndicate.

  • CIVILIAN OVERSIGHT OF POLICE. Prenzler, Tim // British Journal of Criminology;Autumn2000, Vol. 40 Issue 4, p659 

    Examines the issue of capture using an Australian case study of the Queensland Police Service and the Queensland Criminal Justice Commission (CJC). Review of developments in external oversight internationally; Significant issues involving the CJC and police; Cases of zealous enforcement of...

  • Government Functions.  // Australia Country Review;2013, p60 

    The article provides an overview of the functions of Australia's government along with its constitution, legislative authority and judicial system.

  • Government Structure.  // Australia Country Review;2013, p62 

    The article provides an overview of Australia's government structure along with its Head of State Queen Elizabeth II, election in 2010 and 2013 as well as legal system.

  • Australia eyes July repeal of carbon tax.  // Bridges Trade BioRes;Mar2014, Vol. 8 Issue 2, p25 

    The article reports on the consideration of the Australian government to repeal the carbon tax law by July 2014.

  • The great shoe store robbery. Hutchings, Suzi // Oceania;Jun93, Vol. 63 Issue 4, p345 

    Focuses on Aboriginal juvenile criminality in Australia. Differences in treatment of Aboriginal and non-Aboriginal children by the juvenile justice system; Aboriginal juvenile over-representation in the Australian judicial system; Racial interaction; Criminal identity construction; Description...

  • FOREWORD. Reinhardt, Greg // Transforming Legal Processes in Court & Beyond;2007, preceding p1 

    An introduction is presented in which the author discusses the 3rd International Conference on therapeutic jurisprudence hosted by the Australian Institute of Judicial Administration Incorporate (AIJA) on June 2006.

  • Foreword. Tomison, Adam // Trends & Issues in Crime & Criminal Justice;Nov2013, Issue 463, p1 

    An introduction to the journal is presented in which the author discusses restorative justice conferencing processes in Australia.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics