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Informationen zum Autor Anat Scolnicov is Professor of Law at the University of Winchester, UK. Klappentext 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. Vorwort An examination of the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. Zusammenfassung 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. Inhaltsverzeichnis 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 (Unive...
