Constitutional Asymmetries and Mixed Legal Systems: New Itineraries of Legal Comparison

The paper aims to analyze the constitutional asymmetries that arise from mixed legal systems. After a theoretical framework on asymmetries and mixed legal systems, the study focuses on the manifestations of asymmetries in four case studies. Through the contribution of the comparative method, the analysis shows that if in Quebec and Scotland, the presence of a mixed system has led to a translation of this specificity into the judicial system, in Nigeria and Indonesia, the extension of Islamic Shari’a to criminal codes in some parts of the territory has generated significant de jure or de facto asymmetries, negatively impacting the fundamental rights of non-Muslim citizens and minorities.