ENGLISH

Order from Transfer Comparative Constitutional Design and Legal Culture

By Günter Frankenberg (eds)

Book information

Publisher
Edward Elgar
Year
2013
Language
english
Format
PDF
Filesize
2 MB (2158301 bytes)
Pages
384\382
Time added
2017-12-08 19:11:37

Description

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. Contributors vii Preface xii Constitutions as commodities: notes on a theory of transfer 1 Günter Frankenberg PART I TRANSPLANT, TRANSFER, MIGRATION, ETC. – ONLY WORDS? PROBLEMS OFTHEORYANDMETHOD 1 Comparative constitutional studies and the discourse on legal transfer 29 Timo Tohidipur 2 Clotted history and chemical reactions – on the possibility of constitutional transfer 36 Margrit Seckelmann 3 “One size can fit all” – some heretical thoughts on the mass production of legal transplants 56 Ralf Michaels PART II ORDERING GENDER –COMPARINGTHE CASTING ANDRECASTING OFWOMENANDGENDER RELATIONS IN CONSTITUTIONAL CONTEXTS 4 Gender structures and constitutional law 81 Helena Alviar García 5 Private but equal?Why the right to privacy will not bring full equality for same-sex couples 87 Nora Markard 6 Legal transfer ofwomen and fetuses: a trip from German to Portuguese abortion constitutionalism 120 Ruth Rubio Marín PART III ORDERING PLURALISM –ALTERNATIVENORMATIVE ORDERS CHALLENGINGTHE STATE-CENTEREDNESS OF CONSTITUTIONALISM 7 Legal pluralism and normative transfer 153 Jennifer Hendry 8 Who is afraid of legal transfers? 171 Julia Eckert PART IV ORDERINGTHE POSTCOLONY – CONSTITUTIONAL BREAKS, CONTINUITIES,ANDHYBRIDS 9 “Ordering” constitutional transfers: a viewfrom India 189 Upendra Baxi 10 Constitutional autochthony and the invention and survival of “absolute presidentialism” in postcolonial Africa 209 HKwasi Prempeh PARTV ORDERINGHEGEMONY– CONSTITUTIONAL MOMENTSIN OCCUPIED TERRITORIESAND COLONIES 11 Constitution-making in occupied countries 237 Stefan Kadelbach 12 International influence on post-conflict constitution-making 243 Philipp Dann 13 German citizenship and its colonial heritage 261 Felix Hanschmann PARTVI ORDERING EUROPE – EUROPE ORDERING. CONSTITUTIONALTRANSFERSTOLATINAMERICA INTHE NINETEENTHANDTWENTIETH CENTURIES 14 Constitutional transfers and experiments in the nineteenth century 279 Günter Frankenberg 15 Leon Duguit’s influence in Colombia: the lost opportunity of a potentially progressive reform 306 Helena Alviar García 16 Constitutional grafts and social rights in LatinAmerica 322 Roberto Gargarella Index 349

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