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1 results

  • 19 - Constitutional Kinship

  • from Part III - Concepts, Shapes and Types of Constitutions
  • Wim Voermans, Universiteit Leiden
  • Book:
    The Story of Constitutions
    Published online:
    19 October 2023
    Print publication:
    02 November 2023, pp 221-236

  • Summary

    Modern constitutions are resembling one another more than ever before in history. Are they, indeed, converging? This chapter explores this controversial question. Some argue that constitutional borrowing and transplantation of constitutional norms, structures, doctrines and institutions is a fact of life, regardless of ideological or theoretical objections to these practices others deny this and oppose the very idea of the existence of a common constitutional gene pool, bricolage and borrowing. A constitution is and should be a unique reflection of a countrys constitutional identity the latter group believes. A comparative analysis of elements common to all modern constitutions however shows a sizeable kinship relationship between them, whatever the objections we may have to that.