The emergence and change of constitutional orders in comparison

Project manager: Prof. Dr. Günter Frankenberg

The project was guided by the question of how constitutional orders emerge and change. The focus was on the problem of constitutional transfer, in particular its conditions, risks and side effects, which become apparent in the recontextualization of constitutional norms, institutions, arguments and practices. In addition, the comparative analysis focused on which constitutional “items” proved to be resistant to transfer and for what reasons.

As a result of the research work, a bifurcation emerged with regard to transfer suitability: While a large number and variety of constitutional norms, institutions, doctrines and practices could be adjusted to the “global constitution” through forms of transfer, certain items proved to be resistant to transfer. The reasons for this have hardly been investigated by scholars to date and will be the focus of the next research section. It can be assumed that the lack of suitability for transfer may have historical, cultural or political reasons that are insufficiently explained by context dependence and/or subversiveness with regard to the dominant liberal paradigm of constitutionalism.

The transfer theory was discussed in September 2011 in a workshop with international participation. As a result of this workshop in particular, certain problem areas were identified that need to be considered in further research: on the one hand, it was shown that more attention needs to be paid to the “odd details” that cannot – at least not without constraint – be incorporated into a “global constitution”. In addition, processes of decontextualization were identified as a relevant phenomenon that requires further investigation. Finally, it was shown that the comparison of constitutions lacks investigations into the carriers of transfer processes that “supply” the global reservoir.

The results were published in the volume Günter Frankenberg (ed.) (2013):Order from Transfer. Comparative Constitutional Design and Legal Culture Cheltenham (UK)/Northampton (MA): E. Elgar Publishing. In this volume, the project leader has published his research in the theoretical introduction “Constitutions as commodities: notes on a theory of transfer” (1-28) and on constitutional experimentalism in nineteenth-century Europe “Constitutional transfers and experiments in the nineteenth century” (279-305).

News from the research center

News
30.06.2025

Article "Ideology and Suffering: What Is Realistic about Critical Theory?" by Amadeus Ulrich published in EJPT

The article "Ideology and Suffering: What Is Realistic about Critical Theory?" by Amadeus Ulrich has just been published open access in the European Journal of Political Theory (EJPT). Ulrich brings the perspective of radical realism into a productive dialog with Adorno's critical theory.

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News
30.06.2025

Prof. Dr. Franziska Fay awarded the Sibylle Kalkhof-Rose University Prize 2025

Prof. Dr. Franziska Fay (Junior Professor of Ethnology with a focus on Political Anthropology at Johannes Gutenberg University Mainz (JGU) and former postdoctoral researcher at the Research Center Normative Orders at Goethe University) receives the Sibylle Kalkhof-Rose University Award 2025 in the category Humanities and Social Sciences.

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Publication
25.06.2025 | Online article

Ideology and Suffering: What Is Realistic about Critical Theory?

Ulrich, Amadeus (2025): Ideology and suffering: What is realistic about critical theory? European Journal of Political Theory, 0(0).  https://doi.org/10.1177/14748851251351782

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News
24.06.2025

New series “Vertrauensfragen” in the Frankfurter Rundschau initiated by Hendrik Simon

Democracy thrives on debate - if it serves the joint search for solutions. There is often a problem with this cooperation. The new FR series “Vertrauensfragen”, initiated by Hendrik Simon (Research Institute Social Cohesion (RISC) Frankfurt location at Goethe University's Research Centre Normative Orders ), examines why this is the case and how we can do better.

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Publication
23.06.2025 | Working Paper

Untrustworthy Authorities and Complicit Bankers: Unraveling Monetary Distrust in Argentina

Moreno, Guadalupe (2025): “Untrustworthy Authorities and Complicit Bankers: Unraveling Monetary Distrust in Argentina”. Max Planck Institute for the Study of Societies Discussion Paper 25/3.

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News
22.05.2025

Does deliberative democracy have a future in the age of oligarchs, autocrats and patriarchs?

On June 3, Prof. Simone Chambers will give a lecture on the value of democracies and the future of the form of government.

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Publication
19.05.2025 | Anthology

Klimaethik. Ein Reader

Sparenborg, Lukas; Moellendorf, Darrel (Hrsg.) (2025) : Klimaethik. Ein Reader. Suhrkamp.

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News
19.05.2025

What can a baroque tapestry tell us about colonial iconography?

Lecture by Cécile Fromone on May 21. The professor at the Department of the History of Art and Architecture at Harvard University, director of the Cooper Gallery at the Hutchins Center and author will talk about the long-forgotten African origins of iconography and its colonial dimension.

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News
05.05.2025

Normative Orders Newsletter 01/25 published

The newsletter from Research Centre Normative Orders collects information on current events, reports, news and publications several times a year. Read the first issue 2025 here.

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