On the afternoon of April 24th, the 26th Interdisciplinary Salon of Law, hosted by the China Institute for Socio-Legal Studies of Shanghai Jiao Tong University, was successfully held in Meeting Room 202, KoGuan School of Law, Xuhui Campus, Shanghai Jiao Tong University. The theme of this salon was "Comparative Constitutional Studies and Constructive Constitutional Dialogues." Professor Dieter Grimm, renowned German constitutional scholar and former justice of the Federal Constitutional Court of Germany, was the keynote speaker. Professor Lin Yan, Dean and Distinguished Professor of Law School, East China Normal University, Professor of KoGuan School of Law, Director of the Legislative Research Center, Shanghai Jiao Tong University, served as the moderator. Professor Ji Weidong, University Professor of Humanities and Social Sciences, President of the China Institute for Socio-Legal Studies, Shanghai Jiao Tong University, delivered the opening address. Cheng Jinhua, University Librarian of the Shanghai Jiao Tong University Library, Distinguished Professor of KoGuan School of Law, and Vice President of the China Institute for Socio-Legal Studies, Shanghai Jiao Tong University, Zheng Ge, Professor of KoGuan School of Law, Planning Committee Officer of the China Institute for Socio-Legal Studies, Shanghai Jiao Tong University, and Tian Lei, Professor of Law School, Director of the Center for Legislation and Rule of Law Strategy Research, East China Normal University, participated in the discussion. More than fifty experts, scholars, Chinese students, and international students from universities such as Renmin University of China, East China University of Political Science and Law, and Shanghai University, as well as from the industry, attended the salon.

Professor Lin Yan began by extending a warm welcome to the guest speaker, Professor Dieter Grimm. Lin Yan introduced the background of this event, expressing great gratitude to Professor Grimm for his warm-heartedness and generosity in coming to share his insights with us. After that, Professor Lin successively introduced the basic situations of KoGuan School of Law, the China Institute for Socio-Legal Studies, and the attending guests. Finally, he noted that Professor Grimm’s engagement reminds us that there is always a promising alternative for person-to-person communication, especially in academia.

Professor Ji Weidong, on behalf of the China Institute for Socio-Legal Studies, expressed the warmest welcome and the most sincere gratitude to Professor Dieter Grimm, and introduced Professor Grimm’s relevant publications. Professor Ji highlighted that we are currently facing a constitutional crisis. Thus, at this critical historical moment, Professor Grimm’s visit to China once again to discuss the future of constitutional law, constitutions, and politics represents a constructive dialogue that is highly significant not only for Germany and China but also for the world. He believed that this salon is of extraordinary importance to us and hoped for a fruitful discussion.

Professor Dieter Grimm first expressed his gratitude for the friendly introduction by the deans and the attendance of the participants. Professor Grimm recalled that he was delighted when the invitation arrived and accepted it without hesitation. He also fondly remembered his previous short but pleasant visit to China in 2016. Professor Grimm has been practicing comparative constitutional law for many years. However, he had never previously provided a comprehensive discussion or written extensively on its methodology until now. This salon thus marked a premiere for him as well.

Professor Grimm began his speech with a historical overview of comparative constitutionalism, tracing its development across North America, Europe, Asia, Latin America, and Africa. He highlighted pivotal moments, including the birth of modern constitutionalism in the 1776 American Revolution and its European expansion through the French Revolution of 1789. By the 19th century, Belgium’s 1831 constitution emerged as a key model, while Japan later adopted the 1871 German Imperial Constitution as its gateway to Western legal frameworks. Focusing on Germany, Professor Grimm underscored that the Federal Constitutional Court’s location in Karlsruhe, rather than the capital, is a symbol of judicial independence. He added that Germany’s post-war constitutional revival, which fostered a stable democracy and a booming economy after the moral and military catastrophe, made it a more compelling model than the U.S. Constitution. Professor Grimm then shifted the focus from constitutions to the academic discipline of comparative constitutional law, emphasizing the wave of constitution-making in the latter half of the 20th century and the role of globalization. Concluding this part of his talk, Professor Grimm stated, "This is not the end of history, but the end of my talking about history."

In the second part of his lecture, Professor Grimm delved into comparative constitutional studies. He pointed out that to compare, one needs objects with both commonalities and differences. He preferred to define a constitution broadly as a set of legal norms that regulate the establishment and exercise of political power. Meanwhile, he would not find it helpful for the purposes of comparison to call everything a constitution that has the name of constitution. Professor Grimm then outlined the purposes of doing comparative research, including practical purposes like helping to draft constitutions by offering fresh alternatives and fostering constitutional education through cross-border judicial dialogue, exemplified by courts increasingly referencing foreign rulings to bolster legitimacy. There is another theoretical purpose, which is independent of any use, namely, for interest in knowledge and better understanding of the constitutions of foreign countries. Regarding the method of comparison, Professor Grimm stressed starting with the constitutional text but recognized the need to go beyond it, considering unwritten rules and legal practices, and using the principle of proportionality with regard to the limitation of fundamental rights in Germany as an example. Moving forward, he illustrated the gap between abstract text and concrete norms, emphasizing the role of interpretation guided by the concretization of the meaning of the text.

Finally, Professor Grimm explored the methodologies of comparative constitutional research. He mentioned the importance of context and the necessity of context awareness, distinguishing between narrow and broad legal frameworks, as well as cultural frameworks. Addressing current trends, Professor Grimm noted that democratic backsliding is a significant concern, and comparative constitutional studies are now seeking ways to prevent its occurrence in democratic countries. Furthermore, he discussed the scope of comparative research, observing that while the world comprises nearly 200 states, almost all of which have constitutions, comparative studies typically focus on a limited number of countries, such as the U.S., the UK, Germany, France, Canada, South Africa, and India. Professor Grimm advocated for broadening this scope. He cited an example from a female colleague, a former judge of the German Constitutional Court, who published a book last year comparing constitutional deliberation across 80 countries, demonstrating the feasibility and value of expanding the comparative scope. In his concluding remarks, Professor Grimm emphasized that “if comparative research is done well and not superficially or out of context, it is very difficult, but it is very exciting and extremely rewarding.”

During the discussion session, Cheng Jinhua, offered three main comments. First, regarding the significance of constitutionalism, he noted that in today's anti-globalization world, it's crucial to maintain the belief in working together to build rather than destroy. This underscores the importance of learning about and believing in constitutions. Second, he highlighted the value of comparative constitutional studies for Chinese audiences, emphasizing the idea of coming together to build something collectively. Third, on how to conduct comparative studies, he stressed the importance of looking into current laws and living constitutions, particularly in the developed states. He concluded by expressing positivity about China's constitutional developments.

Zheng Ge, who has taught constitutional law at KoGuan School of Law, summarized Professor Grimm’s profound influence in comparative constitutional law for the benefit of those in attendance who might be unfamiliar with Professor Grimm's pioneering role. Professor Zheng highlighted that Professor Grimm is a promoter of constitutional dialogue. He also underscored Professor Grimm's normative contributions to constitutional theory, particularly in fundamental rights. In addition, he characterized Professor Grimm as a bridge-builder between diverse legal systems and a staunch defender of constitutional review. Finally, he mentioned Professor Grimm's role in advancing discussions on fundamental concepts like sovereignty.