Order from transfer : comparative constitutional design and legal culture / edited by Gunter Frankenberg.

Format:

Book

Contributor:

Frankenberg, Günter.

Series:

Studies in Comparative Law and Legal Culture Series

Studies in comparative law and legal culture series

Language:

English

Subjects (All):

Constitutional law.

Constitutional amendments.

Physical Description:

1 online resource (382 p.)

Place of Publication:

Cheltenham, UK ; Northampton, MA : Edward Elgar Pub., 2013.

Language Note:

English

Summary:

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 le

Contents:

Cover; Copyright; Contents; Contributors; Preface; Constitutions as commodities: notes on atheory of transfer; PART I Transplant, transfer, migration, etc. - only words? Problems of theory and method; 1. Comparative constitutional studies and the discourse on legal transfer; 2. Clotted history and chemical reactions - on the possibility of constitutional transfer; 3. "One size can fit all" - some heretical thoughts on the mass production of legal transplants; PART II Ordering gender - comparing the casting and recasting of women and gender relations in constitutional contexts

4. Gender structures and constitutional law5. Private but equal? Why the right to privacy will not bring full equality for same-sex couples; 6. Legal transfer of women and fetuses: a trip from German to Portuguese abortion constitutionalism; PART III Ordering pluralism - alternative normative orders challenging the state-centeredness of constitutionalism; 7. Legal pluralism and normative transfer; 8. Who is afraid of legal transfers?; PART IV Ordering the postcolony - constitutional breaks, continuities, and hybrids; 9. "Ordering" constitutional transfers: a view from India

10. Constitutional autochthony and the invention and survival of "absolute presidentialism" in postcolonial AfricaPART V Ordering hegemony - constitutional moments in occupied territories and colonies; 11. Constitution-making in occupied countries; 12. International influence on post-conflict constitution-making; 13. German citizenship and its colonial heritage; PART VI Ordering Europe - Europe ordering. Constitutional transfers to Latin America in the nineteenth and twentieth centuries; 14. Constitutional transfers and experiments in the nineteenth century

15. Leon Duguit's influence in Colombia: the lost opportunity of a potentially progressive reform16. Constitutional grafts and social rights in Latin America; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-78195-211-6

OCLC:

855504735