Comparing Legal Cultures: Global Constitutional Values as a Point of Reference in National Legal Systems

  • Date: –16:00
  • Location: SCAS, Thunbergssalen Linneanum, Thunbergsvägen 2, Uppsala
  • Lecturer: Ekaterina Mouliarova, Johan Peter Falck Fellow, SCAS. Head, the Legal Center, Heritage Institute Moscow. Researcher, Faculty of Law, Lomonosov Moscow State University
  • Website
  • Organiser: Swedish Collegium for Advanced Study (SCAS)
  • Contact person: Sandra Maria Rekanovic
  • Seminarium

The issue of legal transplantation is of continued importance for comparing legal cultures and understanding the place of law in the process of normative integration. Global constitutional ideas migrate and the European continent, in particular, has become a space of constitutional interdependence. The opening of national constitutions towards international and supranational normative principles and the integration of national constitutions into the system of “multilevel constitutionalism” create new challenges. Should we imagine constitutionalism beyond the state? How the state sovereignty as autonomy and self-determination of nations correspond to opening of constitutional order to supranational and international norms and to modern relevance of territorial borders?
    International traffic of legal ideas reflects the belief that with the introduction of the formal elements of democracy and of legal pillars of market economies a “happy end” to the transition would have followed. However, the success and forces involved in reformation processes differs from country to country. Inter alia, so called “transplant effects” occur and influence practical implementation of global transplants. New norms are implemented and enforced through existing power channels and structures, which have longer term and more continuity than the globally created norms, so finally a “mismatch” between culturally triggered power institutions and globally accepted constitutional norms occurs. Legal innovation must be introduced and accepted by domestic legal culture. Global values being fixed as constitutional principles still need to be interpreted by judges, applied in political process, perceived and reflected in the attitudes of the population. Values underlying legal order determine social choices, and can therefore provide for insight into the difficulties, and constrains linked to the transformation process: in other words, they help to understand how a particular society is responding in a normative and non-normative way towards globalization and transformation process. For further information, please see http://www.swedishcollegium.se/PDF/2018-19/seminar_mouliarova_190604.pdf