Between Resistance, Convergence and Engagement
Comparative Constitutional Law and Constitutional Migrations
Keywords:
Comparative constitutional law, Comparative law, Constitutional migrationsAbstract
https://doi.org/10.1590/2179-8966/2022/63748
The subject of constitutional transfers, transplants or migrations has been, moreover with the opening of constitutional law to international debates, a topic of increasing debate. In this context, specifically, some ideas formulated by English-speaking authors may be relevant for the discussion in Brazil, notably the concept of constitutional migration, which allows for a more nuanced comprehension than the notion of transfers or transplants. This paper seeks to present an overview of the present comparative constitutional debate in English, with focus on the concept of the migration of constitutional ideas. For this purpose, it will adopt the method of bibliographical analysis, focusing on the main English-speaking authors of the field, such as Ran Hirschl, Mark Tushnet, Vicki Jackson and Kim Scheppele. In conclusion, the ideas seek to serve as a gateway for the further development of the subject in Brazil, a field still under construction.
Keywords: Comparative constitutional law; Comparative law; Constitutional migrations.
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