Circolazione delle soluzioni giuridiche e delle idee costituzionali. Questioni di metodo comparativo e prassi tra culture costituzionali e spazi globali

Legal transfers and migrations of constitutional ideas. Comparative methods and practices across constitutional cultures and global spaces

Abstract

The essay deals with methodological theories underlying the metaphors of legal transplants, legal transfers, migrations of constitutional ideas and similar concepts, and with some practical applications thereof. These include the use of foreign precedents by constitutional and supreme courts and the change of meaning of the concept of constitutionalism, also regarding the trajectory of global constitutionalism and the use of the concept of constitutionalism outside of Western countries. The article addresses issues such as the degree of autonomy of the law with respect to other spheres of life, the methodological relevance of constitutional cultures, the meaning of historical concepts according to the Begriffsgeschichte, the interaction between perspectives based on hegemony and those focused on the communication of legal traditions, the relevance of constitutional mindsets other than Western ones.