Constitutional Transplants and the Mutation Effect
Chicago-Kent Law Review, Vol. 83, No. 1, 2008
17 Pages Posted: 7 Oct 2009 Last revised: 21 Jan 2010
Date Written: October 6, 2009
This paper is concerned with legal transplantation, that is, the borrowing of legal institutions from foreign jurisdictions. Constitutional trans-plants are a species of legal transplants. By constitutional transplants, I mean both the borrowing of constitutional texts from foreign jurisdictions and the borrowing of judicial doctrines espoused in precedents from foreign supreme courts or constitutional courts. In general, borrowing of precedents is more likely when there has been a prior transplantation of constitutional texts, though this is by no means necessary.
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