European Journal of Law Reform

Article

Legal Tradition and Human Rights

A Quantitative Comparative Analysis of Developing Countries

Keywords comparative law, comparative constitutional analysis, human rights, legal traditions, quantitative constitutional analysis, economic rights, social and family rights, civil and political rights
Authors Dhanraj R. Singh
Author's information

Dhanraj R. Singh
Dhanraj R. Singh is a graduate student at the Institute of Advanced Legal Studies, University of London.
  • Abstract

      This analysis examines the relationship between legal tradition and constitutional human rights. It experiments with a quantitative comparative methodology to compare economic rights, social and family rights, and civil and political rights between countries with common law, civil law and mixed law legal traditions. The results show that developing countries with a civil law legal tradition provide more constitutional human rights than their counterparts with a common law legal tradition. Although preliminary and imperfect, the results challenge the notion of superiority of the common law legal tradition and human rights. The quantitative comparative framework used offers a new methodological frontier for comparative constitutional law researchers to examine relationships between legal traditions.

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