CONSTITUTIONS AS COMMODITIES NOTES ON A THEORY OF TRANSFER

Günter Frankenberg

Abstract


Constitutional information comes packaged and refers to institutions, norms,
principles, doctrines, and ideologies. And for more than two centuries, not counting the crucial
influence of previous basic laws or leges fundamentales, it has crossed national boundaries,
social-cultural contexts, and the limits of epistemic communities. Such information has reappeared
for application within different constitutional regimes and different political constellations,
resulting from the dynamics of social struggles and accommodating specific economic conditions.
And the overall result, given the innumerable variations at play, is striking. Constitutions come for
the most part in the form of a written document and contain the legal ground rules for life in
society: rights and principles, values and duties, provisions for the organization of government
and, with regard to the operative quality of the document, ascertaining its authority, openness to
interpretive change or legislative amendment, shifting between stability and flexibility...

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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.

Direttore responsabile:Alessandro Somma