Maxim Bönnemann’s research while affiliated with Humboldt-Universität zu Berlin and other places

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Publications (6)


The Southern Turn in Comparative Constitutional Law
  • Chapter
  • Full-text available

January 2024

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13 Reads

Philipp Dann

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Maxim Bönnemann

The book brings together contributions to theorising comparative public law in order to highlight its distinctive features. Nationality was an important criterion in the selection of the many possible contributions. This is because the presentation of contributions from Germany is the second aim of this work. Comparative constitutional law (as well as international law or European public law) is still characterised by national traditions and contexts. Taking these traditions and contexts into account, however controversial they may be, helps to create a transnational but rooted field of comparative public law. Such rootedness is valuable in a world that celebrates diversity and self-determination.

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The Southern Turn in Comparative Constitutional Law: An IntroductionAn Introduction

October 2020

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32 Reads

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3 Citations

This introductory chapter argues for and conceptualizes a ‘Southern turn’ in comparative constitutional law. It takes stock of existing scholarship on the Global South and comparative constitutional law, situates the volume in this context, and seeks to move the debate forward. Its argument has three elements: the first is that the ‘Global South’ has already become a term used productively in various disciplines and in legal scholarship, even though in very different and sometimes under-theorized ways. Secondly, we argue that the ‘Global South’ is a useful concept to capture and understand a constitutional experience that is distinct from, and at the same time deeply entangled with, constitutionalism in the Global North. Thirdly, we contend that the Southern turn implies a specific epistemic, methodological, and institutional sensitivity that has implications for comparative constitutional scholarship as a whole. This sensitivity embraces epistemic reflexivity, methodological pluralism, as well as institutional diversification, collaboration, and ‘slow comparison’ and thus points the way towards an understanding of the discipline as ‘world comparative law’.


The Global South and Comparative Constitutional Law

October 2020

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15 Reads

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16 Citations

Philipp Dann

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Maxim Bönnemann

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Roberto Niembro Ortega

Although the Global South represents ‘most of the world’ in terms of constitutions and population, it is still underrepresented in comparative constitutional discourse. Against this background, this volume posits that it is high time for a ‘Southern turn’ in comparative constitutional scholarship. It aims to take stock of existing scholarship on the Global South and comparative constitutional law and to move the debate forward. It brings together authors who all hail from, or are based in, the Global South and who represent a range of regions, perspectives, and methodological approaches. They address the theoretical and epistemic foundations of Southern constitutionalism and discuss its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as discipline and field of knowledge.



Of Apples and Mangoes: Comparing the European Union and IndiaComparing the European Union and India

November 2018

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212 Reads

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

Citations (2)


... x) заява про те, що пощади не буде; xi) заподіяння особам, які перебувають під владою іншої сторони конфлікту, фізичного каліцтва або здійснення над ними медичних чи наукових експериментів будь-якого характеру, що не обґрунтовані необхідністю медичного, стоматологічного або лікарняного лікування відповідної особи і здійснюються не в її інтересах та які призводять до смерті або серйозно загрожують здоров'ю такої особи чи осіб; xii) знищення або захоплення майна ворога, крім випадків, коли таке знищення або захоплення настійно вимагаються обставинами конфлікту 15 . ...

Reference:

SECTION 4. THE WAR IN UKRAINE AND LEGITIMACY INTERNATIONAL CRIMINAL COURT
The Global South and Comparative Constitutional Law
  • Citing Article
  • October 2020

... conceptions of freedom and equality, some of which are constantly (re)articulated in the ambitious constitutional projects encountered in BISA and other Global South countries. This includes the concerns with economic, social, racial/ethnic, and environmental justice that made the "experiences" of constitutionalism in the Global South so "distinctive" (Dann 2022;Dann, Riegner, and Bönnemann 2020). Current attacks on political liberalism-and even on other liberal scriptsand the rise of an illiberal legality in many countries are often linked to a "betrayal" (Bhorat et al. 2017) of those bolder promises. ...

The Southern Turn in Comparative Constitutional Law: An Introduction
  • Citing Article
  • January 2020

SSRN Electronic Journal