Théorie du droit comparé et le cas du constitutionnalisme Anglais au Moyen Age

The purpose of this research is to explain the comparative law theory in line with the need to understand how comparative constitutional law studies are done in contemporary scholarship. Firstly, the historical development of comparative law studies has been examined. The development of comparative constitutional studies, its methods and theories have been criticized. Building up on this critical perspective, in comparative legal studies, the importance of taking a multi-disciplinary approach has been praised. It has been suggested that by considering the political, legal and social elements when doing comparisons, comparative law can communicate and exchange ideas with other disciplines. The requirement to have a dynamic definition of law has been highlighted and pursuant to that, the constitutionalism movements in medieval England has been explained. After situating the English constitutionalism movement as a comparable case, the formation of the common law system analysed in relation to the political and social elements. The formation of common law system has been conceptualized as a constitutionalism movement itself. It has been argued that the Continental European case should be analysed similar to the case of England in terms of putting forward the formation processes while taking into account the political, social and legal dimensions. By doing so, it is expected that the arguments can be more than simply pointing out the differences and similarities in the comparable cases. Consequently, comparative law can be understood as a discipline where research can answer core problems and questions about law and legalities.