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Constitutional Transplantations: The Diffusion and Adoption of Constitutional Ideas

Editat de Anat Scolnicov
en Limba Engleză Hardback – 4 sep 2024
This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches, to dissect a phenomenon which has been both praised and maligned in current political and academic discourse. The contributors consider constitutional transplantation as a specific case of migration of ideas, and place it within that broader intellectual framework of movement of knowledge. They analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by existing cultures and histories in the reception of constitutional provisions and ideas.The book takes a broad view of the term 'constitutional'. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors are drawn from the fields of comparative constitutional law, medieval history, political philosophy, private law, and administration of justice.It reflects a view that the study of non-hegemonic systems, as well as hegemonic systems, is important in understanding transplantation of constitutional ideas, both as sources of transplants and as their receivers, and includes discussions of constitutions in Latin America, Asia, Europe, and North America.
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Specificații

ISBN-13: 9781509960026
ISBN-10: 1509960023
Pagini: 288
Dimensiuni: 156 x 234 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Considers vertical travel (between state and supra-state institutions) as well as horizontal travel of public law ideas

Notă biografică

Anat Scolnicov is Professor of Law at the University of Winchester, UK.

Cuprins

IntroductionAnat Scolnicov (University of Winchester, UK)Part One: Historical Analysis1. Roman Past, Barbarian Present: Constitutional Transplantation in the Early Medieval WestYizhak Hen (Hebrew University, Israel)2. Republicanism from Rome to FranceLorenzo Zucca (King's College London, UK)Part Two: Constitutional Transplantations: Conceptual Approaches3. The Migration of Constitutional Ideas Within and Beyond the State: Adjectives and the Limits of Political CommunityThomas Horsley (University of Liverpool, UK)4. Fertile Fields: Legitimacy and Rationality in Constitutional TransplantationsAnat Scolnicov (University of Winchester, UK)Part Three: Constitutional Transplantations and Private Law5. Constitutional Transplants in Private Law: From Liberal to Republican ConstitutionalismFrancois du Bois (University of Leicester, UK)6. Managerial Judging and Procedural Convergence: Judicial RoleHelen Hershkoff (New York University, USA) and Rolf Stürner (former Judge of the State Courts of Appeal in Stuttgart and Karlsruhe; Freiburg University, Germany)Part Four: Regional Issues in Constitutional Transplantations7. Vertical Constitutional Transplantations: International Courts' Role in Transplanting Constitutional Law between States in Latin America as Democratic PracticeCarlos Bernal Pulido (University of Dayton, USA; former Judge, Constitutional Court of Columbia)8. The Constitutional Fate of Post-War East Asia: Regional Modern History and Separate Constitutional Changes in Japan, China, and KoreaHan Zhai (Wuhan University, China)Part Five: Normative Considerations9. Three Types of Constitutional TransplantationsTsvi Kahana (Ono Academic College, Israel) 10. Constitutional (and Other Legal) Transplants - Some Distinctions, Some Tentative GuidelinesMordechai Kremnitzer (Hebrew University, Israel; Democracy Institute, Israel)