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Constitutional Transplantations: The Diffusion and Adoption of Constitutional Ideas

New Arrival Constitutional Transplantations: The Diffusion and Adoption of Constitutional Ideas

Constitutional Transplantations: The Diffusion and Adoption of Constitutional Ideas

Author: Anat Scolnicov
Publisher: Hart Publishing
ISBN: 9781509960026

Published In: February 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509960064

List Price: HKD 1,170.00

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Description
Contents

Details

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.

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. Republicanism from Rome to France

Lorenzo Zucca (King's College London, UK)

Part Two: Constitutional Transplantations: Conceptual Approaches

3. The Migration of Constitutional Ideas Within and Beyond the State: Adjectives and the Limits of Political Community

Thomas Horsley (University of Liverpool, UK)

4. Fertile Fields: Legitimacy and Rationality in Constitutional Transplantations

Anat Scolnicov (University of Winchester, UK)

Part Three: Constitutional Transplantations and Private Law

5. Constitutional Transplants in Private Law: From Liberal to Republican Constitutionalism

Francois du Bois (University of Leicester, UK)

6. Managerial Judging and Procedural Convergence: Judicial Role

Helen Hershkoff (New York University, USA) and Rolf Sturner (former Judge of the State Courts of Appeal in Stuttgart and Karlsruhe; Freiburg University, Germany)

Part Four: Regional Issues in Constitutional Transplantations

7. Vertical Constitutional Transplantations: International Courts' Role in Transplanting Constitutional Law between States in Latin America as Democratic Practice

Carlos Bernal Pulido (University of Dayton, USA; former Judge, Constitutional Court of Columbia)

8. The Constitutional Fate of Post-War East Asia: Regional Modern History and Separate Constitutional Changes in Japan, China, and Korea

Han Zhai (Wuhan University, China)

Part Five: Normative Considerations

9. Three Types of Constitutional Transplantations

Tsvi Kahana (Ono Academic College, Israel)

10. Constitutional (and Other Legal) Transplants - Some Distinctions, Some Tentative Guidelines

Mordechai Kremnitzer (Hebrew University, Israel; Democracy Institute, Israel)