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Vol 21 No 11 Nov/Dec 2016

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Order from Transfer: Comparative Constitutional Design and Legal Culture

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Edited by: Gunter Frankenberg

ISBN13: 9781781952108
Published: July 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £96.00



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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.

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Subjects:
Constitutional and Administrative Law
Contents:
Preface
Introduction - Constitutions as Commodities.
Notes on a Theory of Transfer Gunter Frankenberg

PART I: TRANSPLANT, TRANSFER, MIGRATION, ETC. - ONLY WORDS? PROBLEMS OF THEORY AND METHOD
1. Introduction: Comparative Constitutional Studies and the Discourse on Legal Transfer Timo Tohidipur
2. Clotted History and Chemical Reactions - On the Possibility of Constitutional Transfer Margrit Seckelmann
3. 'One Size Can Fit All' - Some Heretical Thoughts on the Mass Production of Legal Transplants Ralf Michaels

PART II: ORDERING WOMEN/GENDER - COMPARING THE CASTING AND RECASTING OF THE OTHER IN CONSTITUTIONAL CONTEXTS
4. Introduction: Gender Structures and Constitutional Law Helena Alviar Garcia
5. Private but Equal? Why the Right to Privacy Will Not Bring Full Equality for Same-sex Couple Nora Markard
6. Legal Transfers of Women and Fetuses: A Trip from German to Portuguese Abortion Constitutionalism Ruth Rubio Marin

PART III: ORDERING PLURALISM - ALTERNATIVE NORMATIVE ORDERS CHALLENGING THE STATE - CENTEREDNESS OF CONSTITUTIONALISM
7. Legal Pluralism and Normative Transfer Jennifer Hendry
8. Who is Afraid of Legal Transfers? Julia Eckert

PART IV: ORDERING THE POSTCOLONY - CONSTITUTIONAL BREAKS, CONTINUITIES, AND HYBRIDS
9. 'Ordering' Constitutional Transfers: A View from India Upendra Baxi
10. Constitutional Autochthony and the Invention and Survival of 'Absolute Presidentialism' in Postcolonial Africa H. Kwasi Prempeh

PART V: ORDERING HEGEMONY - CONSTITUTIONAL MOMENTS IN OCCUPIED TERRITORIES AND COLONIES
11. Introduction: Constitution-Making in Occupied Countries Stefan Kadelbach
12. International Influence on Post-Conflict Constitution-Making Philipp Dann
13. German Citizenship and its Colonial Heritage Felix Hanschmann

PART VI: ORDERING EUROPE - EUROPE ORDERING. CONSTITUTIONAL TRANSFERS TO LATIN AMERICA IN THE NINETEENTH AND TWENTIETH CENTURY
14. Constitutional Transfers and Experiments in the Nineteenth Century Gunter Frankenberg
15. Leon Duguit's Influence in Columbia: The Lost Opportunity of a Potentially Progressive Reform Helena Alviar Garcia
16. Constitutional Grafts and Social Rights in Latin America Roberto Gargarella

Index