Constitutional Transplantations
The Diffusion and Adoption of Constitutional Ideas
Constitutional Transplantations
The Diffusion and Adoption of Constitutional Ideas
Description
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 political and academic discourse.
The book takes a broad view of the term 'constitutional'. Its contributors are drawn from the fields of comparative constitutional law, EU law, medieval history, political philosophy, international law, private law, and administration of justice. They consider constitutional transplantation as a specific case of the migration of ideas and place it within that broader intellectual framework of the movement of knowledge. 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 examine legal and constitutional systems in Asia, Europe, North and South America, as both sources and recipients of transplantations. The authors analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by cultures and histories in the reception of constitutional provisions and ideas.
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Table of Contents
Introduction, Anat Scolnicov (University of Winchester, UK)
Part One: Historical Analysis
1. Roman Past, Barbarian Present: Constitutional Transplantation in the Early Medieval West, Yizhak Hen (Hebrew University, Israel)
2. Safeguarding Democracy: The Role of Mixed Constitutions in Preventing Authoritarian Drift, Lorenzo Zucca (King's College London, UK)
Part Two: Constitutional Transplantations: Conceptual Approaches
3. The Migration of Constitutional Ideas between and Beyond States: Adjectives, Analogies and Added Value, Thomas Horsley (University of Liverpool, UK)
4. Fertile Soil? Rationality, Sovereign Will and Transplantation of Constitutionalism, Anat Scolnicov (University of Winchester, UK)
Part Three: Constitutional Transplantations and Private Law
5. Constitutional Transplantation into Private Law: From Liberal to Republican Legal Ordering, Francois du Bois (University of Leicester, UK)
6. Judicial Case Management as a Democratic Practice: Procedural Convergence and the Constitutional Transplant Model, Helen 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 Transplantations
7. Constitutional Rights and Human Rights in the Americas: The Circulation of Constitutional Rights Claims between Latin American Legal Systems and the Inter-American System of Human Rights: The Example of the Right to Prior Consultation of Indigenous Peoples, Carlos Bernal Pulido (University of Dayton, USA; former Judge, Constitutional Court of Columbia)
8. The Constitutional Fate of Post-war East Asia: Historical Transplants and their Institutional Adaption in Politics of State (Re-)Building in Japan, China and the Korea Penisula, Han Zhai (Wuhan University, China)
Part Five: Normative Considerations
9. Constitutional (and Other Legal) Transplants - Some Tentative Guidelines, Mordechai Kremnitzer (Hebrew University, Israel; Democracy Institute, Israel)
Product details
| Published | 19 Feb 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 304 |
| ISBN | 9781509960033 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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