Order from Transfer

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

• Contents:PrefaceConstitutions as Commodities: Notes on a Theory of Transfer Günter FrankenbergPART I: TRANSPLANT, TRANSFER, MIGRATION, ETC. – ONLY WORDS? PROBLEMS OF THEORY AND METHOD1. Comparative Constitutional Studies and the Discourse on Legal TransferTimo Tohidipur2. Clotted History and Chemical Reactions – On the Possibility of Constitutional TransferMargrit Seckelmann3. ‘One Size Can Fit All’ – Some Heretical Thoughts on the Mass Production of Legal TransplantsRalf Michaels PART II: ORDERING GENDER – COMPARING THE CASTING AND RECASTING OF WOMEN AND GENDER RELATIONS IN CONSTITUTIONAL CONTEXTS4. Gender Structures and Constitutional LawHelena Alviar García5. Private but Equal? Why the Right to Privacy Will Not Bring Full Equality for Same-sex CouplesNora Markard6. Legal Transfer of Women and Fetuses: A Trip from German to Portuguese Abortion ConstitutionalismRuth Rubio Marín PART III: ORDERING PLURALISM – ALTERNATIVE NORMATIVE ORDERS CHALLENGING THE STATE–CENTEREDNESS OF CONSTITUTIONALISM7. Legal Pluralism and Normative TransferJennifer Hendry8. Who is Afraid of Legal Transfers?Julia EckertPART IV: ORDERING THE POSTCOLONY – CONSTITUTIONAL BREAKS, CONTINUITIES, AND HYBRIDS9. ‘Ordering’ Constitutional Transfers: A View from IndiaUpendra Baxi10. Constitutional Autochthony and the Invention and Survival of ‘Absolute Presidentialism’ in Postcolonial AfricaH. Kwasi Prempeh PART V: ORDERING HEGEMONY – CONSTITUTIONAL MOMENTS IN OCCUPIED TERRITORIES AND COLONIES11. Constitution-making in Occupied CountriesStefan Kadelbach12. International Influence on Post-Conflict Constitution-makingPhilipp Dann13. German Citizenship and its Colonial HeritageFelix Hanschmann PART VI: ORDERING EUROPE – EUROPE ORDERING. CONSTITUTIONAL TRANSFERS TO LATIN AMERICA IN THE NINETEENTH AND TWENTIETH CENTURIES14. Constitutional Transfers and Experiments in the Nineteenth CenturyGünter Frankenberg15. Leon Duguit’s Influence in Columbia: The Lost Opportunity of a Potentially Progressive ReformHelena Alviar García16. Constitutional Grafts and Social Rights in Latin AmericaRoberto GargarellaIndex

'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