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B01=Anat Scolnicov
Category1=Non-Fiction
Category=LAM
Category=LND
comparative constitutional law
comparative public law
constitution
constitutional borrowing
constitutional migration
constitutional transfer
constitutional transplantations
COP=United Kingdom
Delivery_Pre-order
eq_isMigrated=2
eq_nobargain
Language_English
legal transplants
movement of ideas
PA=Not yet available
Price_€50 to €100
PS=Forthcoming
softlaunch
Product details
- ISBN 9781509960026
- Dimensions: 156 x 234mm
- Publication Date: 05 Sep 2024
- Publisher: Bloomsbury Publishing PLC
- Publication City/Country: GB
- Product Form: Hardback
- Language: English
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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 current political and academic discourse.
The contributors consider constitutional transplantation as a specific case of migration of ideas, and place it within that broader intellectual framework of movement of knowledge. They analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by existing cultures and histories in the reception of constitutional provisions and ideas.
The book takes a broad view of the term ‘constitutional’. 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 are drawn from the fields of comparative constitutional law, medieval history, political philosophy, private law, and administration of justice.
It reflects a view that the study of non-hegemonic systems, as well as hegemonic systems, is important in understanding transplantation of constitutional ideas, both as sources of transplants and as their receivers, and includes discussions of constitutions in Latin America, Asia, Europe, and North America.
Anat Scolnicov is Professor of Law at the University of Winchester, UK.
