Comparative Constitutional Design and Legal Culture
Edited by Günter Frankenberg
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.
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- Order from Transfer
- Constitutions as commodities: notes on a theory of transfer
- Chapter 1: Comparative constitutional studies and the discourse on legal transfer
- Chapter 2: Clotted history and chemical reactions – on the possibility of constitutional transfer
- Chapter 3: “One size can fit all” – some heretical thoughts on the mass production of legal transplants
- Chapter 4: Gender structures and constitutional law
- Chapter 5: Private but equal? Why the right to privacy will not bring full equality for same-sex couples
- Chapter 6: Legal transfer of women and fetuses: a trip from German to Portuguese abortion constitutionalism
- Chapter 7: Legal pluralism and normative transfer
- Chapter 8: Who is afraid of legal transfers?
- Chapter 9: “Ordering” constitutional transfers: a view from India
- Chapter 10: Constitutional autochthony and the invention and survival of “absolute presidentialism” in postcolonial Africa
- Chapter 11: Constitution-making in occupied countries
- Chapter 12: International influence on post-conflict constitution-making
- Chapter 13: German citizenship and its colonial heritage
- Chapter 14: Constitutional transfers and experiments in the nineteenth century
- Chapter 15: Leon Duguit’s influence in Colombia: the lost opportunity of a potentially progressive reform
- Chapter 16: Constitutional grafts and social rights in Latin America
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