This document provides instructions for a comparative law research paper on the legal systems and highest courts of two countries. Students must choose two countries for analysis, write a 10-12 page paper describing the countries' legal traditions and systems of government, compare their highest courts' selection processes and powers, analyze a specific area of law in each country, and conclude by summarizing the similarities and differences found through the comparative legal method. The paper requires a minimum of 10 scholarly sources and has deadlines of November 27th for an optional draft and December 11th for the final submission.
Comparative law and courts research paperPurposeFor s
1. Comparative law and courts research paper
Purpose:
For students to practice using the comparative legal method
when analyzing multiple countries
For students to better understand the similarities and differences
between the legal systems and judicial departments of the world
Instructions:
Choose at least two different countries for your comparative
analysis
Do not make this a random selection. Be mindful of why you
are choosing them as it relates to some of the recommendations
provided in Chapter 2 of the course textbook.
Write a 10 to 12-page research paper (double-spaced, 12-point
Times New Roman font, 1” margins) that includes the following
sections:
An introduction (no more than 1-page) that includes the
following
2. A research question focusing on the relationship between your
countries legal system and whether/how those countries highest
court (i.e., US Supreme Court) typically arrives at judgments on
a specific area of law (follow the recommendations provided in
Chapter 2 of the course textbook).
An explanation of why it is important to explore your research
question.
An argumentative thesis statement that briefly summarizes the
preliminary answer to your research question.
A section (no more than 2-pages) describing the countries in
your comparative analysis
What is their respective system of government (i.e.,
presidential, parliamentary, aristocracy, autocracy, etc)?
Discuss at least one way these countries are contextually similar
and one way they are different (i.e., historical, social, cultural,
religious, political, economic, etc.).
A section (2 to 3-pages) explaining how each country’s legal
system is connected to one or more legal traditions (rely on
Chapters 3 and 4 of course textbook).
Are they understood to belong to the common, civil, Islamic or
3. a mixture of several legal traditions?
In what ways are their legal systems similar and/or different?
Have either of the countries legal system tried to “transplant”
something from another country’s legal system (HINT: see
Chapter 8 of the course textbook)?
A section (about 2-pages) describing the similarities and/or
differences between each country’s judicial department,
focusing your analysis on what is considered to be their highest
courts.
How are the officers on these high courts trained AND selected
for their seats?
Are these high courts considered to be mostly independent or
accountable to legislators, the executive, and/or the public?
To what extent do these high courts have judicial review power
over legislation and/or executive action? If yes, where does that
power come from?
A section (no more than 2-pages) discussing a specific area of
law important for each of your countries
In the context of what you know about their respective legal
traditions has the development and evolution of this specific
area of law come through legislation, case law, or executive
decree?
4. What role did their high courts in particular play in addressing
this area of law (if at all)?
Is the area of law you chose considered “settled” for one/both of
your countries? Explain why it is or isn’t relative to their
particular legal system(s).
A conclusion (about 1-page) summarizing the main arguments
you made throughout the paper.
What are the main similarities and/or differences between your
countries regarding their legal systems, high courts, etc. you
want the reader to remember after reading your paper?
Why is it only through the comparative legal method that you
could discover these?
The research paper must include
no less than 10 scholarly sources
(constitutions, legislation, peer-reviewed books, professional
journal articles, or law review articles). Each source must be
used at least once as an in-text citation and you must include a
works cited list at the end of the paper (make sure the cases are
also cited accurately on this page). I will accept MLA, APA, or
Chicago citations styles.
Deadlines and Due Dates:
November 27th—Deadline to email me a rough draft of your
5. paper for review (OPTIONAL)
December 11th—Final paper must be uploaded on Canvas as a
Microsoft Word document by 11:59 pm
Grading:
Content—clearly and concisely addresses each section outlined
in the instructions=18 points
Sources—proper use of scholarly sources=4 points
Writing Mechanics—Proper sentence structure, grammar,
spelling, and punctuation=3 points