Crossing boundaries. Comparative constitutional history as a space of communication

Abstract

This paper deals with comparative constitutional history seen as a specific and relevant field of comparative legal history approach. We need to transcend the disciplinary divide between comparative constitutional history and other disciplines in social sciences studying the same set of phenomena. This vision may prove to be helpful also in dealing with the notions of “constitutional heritage” and “common constitutional traditions”. In fact, comparative constitutional history, in a transnational perspective, can perhaps help us to better decipher two very important issues in our own times: first of all, assessing the identity and the constitutional substance of a European living common core of constitutional traditions; second, considering constitutional history as a useful tool to address different levels of global constitutionalism and new trends of governance. In this paper I wish to highlight in particular three aspects. First of all, I have in mind the need to place the object of the research within a transnational and international context; second, the belief that comparative legal history can be seen as an approach more consistently oriented towards the interdisciplinary dimension; finally, a deeper and more original perception as regards relations between time and space.