Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

4-2008

ISSN

0006-8047

Publisher

Boston University School of Law

Language

en-US

Abstract

Presidential Powers and Functional Equivalence The comparative methodology embraced by Jenny Martinez, the first speaker on this panel, is functionalism - a traditional tool for comparative inquiries.' Functionalism starts from the pragmatic assumption that societies sharing similar values will perform identical tasks even if by means of different rules. Functionalism posits the possibility of comparing the relative success of such rules, and hence borrowing useful insights from analogous foreign experiences.2 Accordingly, Professor Martinez has identified functional common ground in various legal systems, analyzed the scope and substance of presidential powers in several European States, and skillfully compared the status of chief executives in the old Continent and in the U.S. 3

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