2.

I. The doctrine of separation of powers As an idea which was ostensibly derived from the domestic constitutional practice of a single state but which has subsequently been adopted as a core constitutional value in many jurisdictions, Montesquieu’s separation of powers theory should be a poster child for the carrying out of constitutional transplants. Widely celebrated and globally diffused, the...

Theories of political entrepreneurship usually focus on the construction of coalitions necessary to change policy. We argue that political entrepreneurs who are unable to secure favored policies may redirect their efforts to a “higher tier,” attempting to change the rules of the game to enable the exploitation of future political profit opportunities. We present a taxonomy of three levels of po...

All legal transplants are problematic, constitutional transplants especially so. And constitutional transplants for federal systems are among the most problematic of all. Still, especially in light of the apparent derailing of the EU’s Draft Constitutional Treaty, the question of the relevance of EU constitution-making for constitution-making in federal-style systems elsewhere seems nothing les...