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

See all articles by Horacio Spector

Horacio Spector

University of San Diego School of Law; Universidad Torcuato Di Tella

Date Written: October 6, 2009

Abstract

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.

Suggested Citation

Spector, Horacio, Constitutional Transplants and the Mutation Effect (October 6, 2009). Chicago-Kent Law Review, Vol. 83, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1483907

Horacio Spector (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

Universidad Torcuato Di Tella ( email )

Buenos Aires
Argentina

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