Full version "Legal Transplants" and Parliaments: A Possible Dialogue Amongst Legislators? Best

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The essays in this volume span a broad array of geographic conditions, historical experiences, and legal systems. Each contribution offers valuable insights in its own right, but, collectively, all take useful positions on the theory and practice of borrowing legal ideas, with a special emphasis on the role of the legislature. Each presents a view on how legal transplantation and synthesis happens - in the moment of constitutional creation or as an ongoing exercise in regular lawmaking - and whether it is a coherent and valuable practice. The essays suggest that culture and institutions stand in a dialectical relationship: informality can yield relatively informed robust choices to borrow legal ideas where an encouraging culture exists. Where cultural resistance to borrowing prevails, increased formality may be the best antidote to surreptitious or poorly considered efforts at ideological takings.

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