Constitutional Transplantations

For our second event of the term, we are delighted to welcome Prof. Anat Scolnicov, whose presentation will be titled 'Constitutional Transplantations'. 

Here is the abstract : 

Constitutional transplantation is the global phenomenon of migration, transplantation, and borrowing of constitutional provisions, principles and ideas between states. This seminar will examine the question whether judges can be, and whether they should be, constitutional transplanters. While existing scholarship has focused on transplant of specific constitutional provisions, institutions or principles, this seminar will examine whether a type of constitutionalism can be transplanted by courts. A distinction between two types of constitutionalism (‘representational’ vs. ‘reason-based’) is manifested in ways in which constitutions are drafted, ratified and operate. This distinction exists also in the way constitutional courts explain and justify their decisions. The discussion will draw on the constitutional law of the UK, US, Germany, Israel, Argentina and France. I will also address briefly the normative evaluation of constitutional transplants, with reference to Israel's constitutional crisis.