Order from Transfer: Comparative Constitutional Design and Legal Culture

Pt. I. Transplant, transfer, migration, etc. -- only words? : problems of theory and method -- pt. II. Ordering gender : comparing the casting and recasting of women and gender relations in constitutional contexts -- pt. III. Ordering pluralism : alternative normative orders challenging the state-centeredness of constitutionalism -- pt. IV. Ordering the postcolony : constitutional breaks, continuities, and hybrids -- pt. V. Ordering hegemony : constitutional moments in occupied territories and colonies -- pt. VI. Ordering Europe -- Europe ordering : constitutional transfers to Latin America in the nineteenth and twentieth centuries. - A fascinating collection of essays commenting on and developing Frankenberg's IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law. David Nelken, University of Cardiff, UK 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 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