the endemic dangers of overestimating similarity of function and underestimating
contextual difference.
(^107) Historical method, as always, remains a useful approach,
although the rapid pace of contemporary developments and the multiplicity of
influences make relevant historical connections more difficult to trace.^108
The remainder of this part examines one further possibility: the potential of
regionalism as an additional taxonomic ordering that assists with constitutional
comparison.
The potential of regionalism
The United Nations divides the states of the world between six macro-regions:
Africa, Latin America and the Caribbean, North America, Asia, Europe, and
Oceania.^109 All but North America are further subdivided into geographical sub-
regions, making twenty-two sub-regions in all. Logically, regions or sub-regions
offer insights for comparative purposes. Regional groupings of states are likely to
share a history and some cultural influences that pre-date westernisation, which
have continuing significance. They may also share contemporary social, economic,
political or environmental problems that affect constitutions in form and operation.
The mere fact of geographic proximity encourages cross-fertilisation and mutual
influence and demands interaction to deal with transborder problems, which in
turn can encourage convergence.
110
I do not mean to suggest that regions or sub-regions are homogeneous. Even
within an apparently defined region cultural similarities may be impeded by natural
borders: the division between northern and sub-Saharan Africa illustrates the point.
In some regions, of which Latin America is an example, colonialism has added an
additional layer of shared experience. In others, however, colonialism has been a
source of constitutional division, as francophone, anglophone and lusophone Africa
shows. Other vicissitudes of history have left their marks in various ways that affect
constitutional arrangements: the divisions between communist and non-communist
states in Europe and Asia, the development of Christian and Muslim spheres of
influence in Africa, the different paths to independence in Northern America.
While these and other differences need to be taken into account in any comparative
(^107) Ralf Michaels, ‘The functional method of comparative law’, in Mattias Reimann and
Reinhard Zimmermann (eds.),The Oxford Handbook of Comparative Law(Oxford:
Oxford University Press, 2006 ), p. 339.
(^108) James Gordley, ‘Comparative law and legal history’, in Reimann and Zimmermann,The
Oxford Handbook of Comparative Law, 753.
(^109) United Nations Statistics Division, ‘Composition of macro geographical (continental)
regions, geographical sub-regions and selected economic and other groupings’,http://
unstats.un.org/unsd/methods/m 49 /m 49 regin.htm.
(^110) In the African context, Fombad, ‘Internationalisation of constitutional law and constitu-
tionalism in Africa’, at 472 – 3 , argues that cross-fertilisation within regions is preferable to
reliance on imperial models and authorities.