3 Engaging the Constitutive Laws of Others: Necessities, Ideas, Interests
The chapter explores some key junctures in the intellectual history of comparative public law in the early-modern and modern eras. It highlights how the interplay between intellectual inquisitiveness and instrumentalism has influenced many of the field’s epistemological leaps, from the first attempts in the 16th century to delineate a universal public law and to study comparative government in a methodical fashion (John Selden, Montesquieu, and Simón Bolívar, among others), to the current renaissance of comparative constitutional inquiry particularly in Europe, the United States, and Canada. The examples illustrate that comparative constitutional inquiry is best understood as being driven by a combination of intellectual innovation and a compatible political agenda or ideological outlook. In some instances, intellectual pursuit led the way with an instrumentalist goal or ideological agenda providing added impetus. In other instances, comparative constitutional inquiry was more directly driven by political interests, ambitions, and aspirations, writ small or large.