Studies in comparative law and legal culture.
Formatted Contents Note
Pt. I. Transplant, transfer, migration, etc. only words? : problems of theory and method pt. II. Ordering gender : comparing the casting and recasting of women and gender relations in constitutional contexts pt. III. Ordering pluralism : alternative normative orders challenging the state-centeredness of constitutionalism pt. IV. Ordering the postcolony : constitutional breaks, continuities, and hybrids pt. V. Ordering hegemony : constitutional moments in occupied territories and colonies pt. VI. Ordering Europe Europe ordering : constitutional transfers to Latin America in the nineteenth and twentieth centuries. Constitutions as commodities: notes on a theory of transfer / Günter Frankenberg Comparative constitutional studies and the discourse on legal transfer / Timo Tohidipur Clotted history and chemical reactions : on the possibility of constitutional transfer / Margrit Seckelmann "One size can fit all" some heretical thoughts on the mass production of legal transplants / Ralf Michaels Gender structures and constitutional law / Helena Alviar García Private but equal? Why the right to privacy will not bring full equality for same-sex couples / Nora Markard Legal transfer of women and fetuses: a trip from German to Portuguese abortion constitutionalism / Ruth Rubio Marín Legal pluralism and normative transfer / Jennifer Hendry Who is afraid of legal transfers? / Julia Eckert "Ordering" constitutional transfers : a view from India / Upendra Baxi Constitutional autochthony and the invention and survival of "absolute presidentialism" in postcolonial Africa / H. Kwasi Prempeh Constitution-making in occupied countries / Stefan Kadelbach International influence on post-conflict constitution-making / Philipp Dann German citizenship and its colonial heritage / Felix Hanschmann Constitutional transfers and experiments in the nineteenth century / Günter Frankenberg Leon Duguit's influence in Colombia : the lost opportunity of a potentially progressive reform / Helena Alviar García Constitutional grafts and social rights in Latin America / Roberto Gargarella.
A fascinating collection of essays commenting on and developing Frankenberg's IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law. David Nelken, University of Cardiff, UK Frankenberg's work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of "transfer" supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere "commodities" or items to be assembled. The real matter is rather, which "meanings" are generated through transfer. In this way, beyond any usual flat version, we may perceive that any "constitutional relocation" exhibits a reappraisal of the whole world we live in. Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Bibliography, etc. Note
Includes bibliographical references and index.
K3165 .O73 2013
9781781952108 hardback 1781952108 hardback 9781781952115 (e-book) 1781952116 (e-book)