About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

3 Indian J.L. & Legal Rsch. 1 (2021-2022)
A Convergence of Non-State Laws and State Laws in 21st Century: A Comparative Analysis

handle is hein.journals/injlolw3 and id is 3941 raw text is: 

Indian Journal of Law and Legal Research



                     Anil Punj, Ph.D. (Law) Scholar, Manav Rachna University


The Researcher through this paper argues that comparative constitutional law research through
the lens of sociology of law is mainly  about comparing  national legal systems, even if

Globalization, Europeanization, and  increasing recognition of non-State law,  such  as
customary law, religious law is challenging the very idea of 'legal system' regarding India, UK

& USA.

A  better understanding of different countries political and legal systems is facilitated by
studying their political and legal systems. The duties of a modern political system, such as
legislation, administration, and adjudication, are practically comparable everywhere.1 It is
important to remember that Comparative Law  is not a principle or set of rules of law, but

rather a method or technique for studying law, or any breach or topic of it, arising from the
diversity of legal systems around the world and the various approaches taken to common
problems, by comparing  attitudes, institutions, or rules in any two or more legal systems on
any subject.2 Thus countries around the world compare their national legal systems with the

other countries to see whether they are moving in the right direction or do they need to
reconsider their approach towards a more progressive national legal system.

Need  to study the comparative constitutional law

The  study of similarities and dissimilarities of the divergent source of laws, that is, the

constitution of different countries around the globe is known as Comparative Constitutional
Law  which includes the study of many global legal systems, such as English Common law,
Islamic Sharia law, Hindu law, non-state laws such as customary law, religious law, and mixed
or pluralistic law, among others. It comprises the description and analysis of foreign legal

1 Shrabana Chattopadhyay, Scope of comparative constitutional law in legal studies, 5, Commonwealth Law
Review Journal (2019).
2 Catherine Valcke, Comparing Law, Delineating Legal Systems, 133-188, Cambridge University Press, (2018).


Volume III Issue II   ISSN: 2582-8878

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most