Order from Transfer: Comparative Constitutional Design and Legal Culture

Order from Transfer: Comparative Constitutional Design and Legal Culture book cover

Order from Transfer: Comparative Constitutional Design and Legal Culture

Author(s): Günter Frankenberg

  • Publisher: Edward Elgar Publishing
  • Publication Date: September 30, 2013
  • Language: English
  • Print length: 384 pages
  • ISBN-10: 1781952108
  • ISBN-13: 9781781952108

Book 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.

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 legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders.

This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Contributors: H. Alviar García, U. Baxi, P. Dann, J. Eckert, G. Frankenberg, R. Gargarella, F. Hanschmann, J. Hendry, S. Kadelbach, N. Markard, R. Michaels, H.K. Prempeh, R. Rubio Marín, M. Seckelmann, T. Tohidipur

Editorial Reviews

Review

‘Frankenberg’s work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ”transfer” supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ”commodities” or items to be assembled. The real matter is rather, which ”meanings” are generated through transfer. In this way, beyond any usual flat version, we may perceive that any ”constitutional relocation” exhibits a reappraisal of the whole world we live in.’
–Pier Giueseppe Monateri, University of Turin, Italy

‘Frankenberg’s work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ”transfer” supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ”commodities” or items to be assembled. The real matter is rather, which ”meanings” are generated through transfer. In this way, beyond any usual flat version, we may perceive that any ”constitutional relocation” exhibits a reappraisal of the whole world we live in.’
–Pier Giueseppe Monateri, University of Turin, Italy

About the Author

Edited by Günter Frankenberg, Emeritus Professor of Public Law, Philosophy of Law and Comparative Law, Institute for Public Law, Goethe University Frankfurt am Main, Germany

View on Amazon

电子书代发PDF格式价格30我要求助
未经允许不得转载:Wow! eBook » Order from Transfer: Comparative Constitutional Design and Legal Culture