Topic > Essay on Comparative Constitutional Approach - 1195

The nature of the United States Constitution has allowed the country to reinterpret it over a period of time and adapt it to the modern context. What constitutes “cruel and unusual” under the Eighth Amendment is much different now than when the Constitution was adopted—some call it a living Constitution. The difficulty would be to adapt a positive right, such as affirmative action, as implemented in the German Constitution and apply it to the United States in the context of the “equal protection clause” of the Fourteenth Amendment. Different constitutions require different national approaches in the interpretation and application of national law, and foreign jurisprudence should be closely adapted to the needs and constitutional principles of each individual country. For example, a country that suffers from an endemic corruption problem may be more rigorous in punishing offenders than a country that may have major problems with sexual violence. The role of the Constitutional Court is to interpret the Constitution on behalf of the citizens of the country, not of a foreign nation that may have other needs or political doctrines. Ultimately culture generally shapes the constitution over time, they vote for the legislative, the executive branch that appoints the Supreme Judicial Court