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Order from Transfer Comparative Constitutional Design and Legal Culture

✍ Scribed by Günter Frankenberg (eds)

Publisher
Edward Elgar
Year
2013
Tongue
English
Leaves
382
Category
Library
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✦ Synopsis

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.

✦ Table of Contents

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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