Comparative european experiences in legal history and constitutional law (19th - 20th centuries)
| Autor | Agustín Parise |
| Cargo | Faculty of Law - Maastricht University |
| Páginas | 411-417 |
COMPARATIVE EUROPEAN EXPERIENCES IN
LEGAL HISTORY AND CONSTITUTIONAL LAW
(19TH – 20TH CENTURIES)
Agustín Parise
Faculty of Law - Maastricht University
Recensión de / Review of: Luigi Lacchè, History & Constitution. Developments in
European Constitutionalism: the comparative experience of Italy, France,
Switzerland and Belgium (19th – 20th centuries), Studien zur europäischen
Rechtsgeschichte Band 299, Vittorio Klostermann, Fráncfort del Meno, 2016, 722
pp.
Palabras clave: historia del derecho, derecho comparado, constitucionalismo,
siglos XIX y XX, Europa.
Key Words: Legal History, Comparative Law, Constitutionalism, 19th and 20th
Centuries, Europe.
History & Constitution offers a journey across time and space. Luigi Lacchè
excels in his study of European constitutionalism by attending seminal
developments in Belgium, France, Italy, and Switzerland during the nineteenth
and twentieth centuries. Published in 2016 as volume 299 of the Studies on
European Legal History series of the Max Planck Institute for European Legal
History, the volume presents 25 essays that the author elaborated during the
past two decades. Most contributions are drafted in Italian, though a number are
drafted in English, French, German, and Spanish. The volume starts with a rich
introductory essay and is completed with five chapters. Lacchè aims to preserve
ignited the interest in constitutionalism and its mutations, since in his own
words: “constitutionalism is changing, and in unforeseen directions” (5).
An introductory essay1 sets the scene for the entire volume. The author there
alerts readers that scholars must be fully aware of the systemic complexity of the
new processes and structures. There is a call for global perspectives to the study
of constitutional history, where worldwide jurists will build from national
constitutional histories and elaborate broader perceptions. The author therefore
plays with the idea of a polyptych, and offers an analogy with religious art. There
pieces fall within a structure that is being observed and studied; and that
perspective may indeed result in seeing constitutionalism as a new ius commune.
The introductory essay also points that such an approximation to
constitutionalism needs to attend crossovers, contamination, and transfers since
ideas tend to circulate. After all, the adoption of a foreign legal idea makes the
recipient its new owner.2 The volume offers ways to trace those paths in which
1 “When history meets the constitution”, 1-14.
2 Agustín Parise, Ownership Paradigms in American Civil Law Jurisdictions: Manifestations of the
Shifts in the Legislation of Louisiana, Chile, and Argentina (16th-20th Centuries) (Brill Nijhoff, 2017)
51.
Revista de Historia Constitucional
ISSN 1576-4729, n.18, 2017. http://www.historiaconstitucional.com, págs. 411-417
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