The Language of Comparative Constitutional Law: Questioning Hegemonies

(Hardback)

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This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. The salience of language in the field is widely recognised but remains underexplored.

The book addresses the epistemological and conceptual implications of English as the lingua franca. It considers the related global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers.

The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about languages significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to navigate linguistic challenges for the design and execution of comparative constitutional inquiries, making it an indispensable resource for scholars, students, lawmakers and judges.

Author Bio

Erika Arban is Postdoctoral Fellow at the University of Melbourne, Australia.
Maartje De Visser is Assistant Professor of Law at the Singapore Management University.
Jeong-In Yun is Research Professor at the Legal Research Institute and Party Law Research Centre, Korea University, South Korea.