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Constitution-Making and Transnational Legal Order

$88.00 ( ) USD

Part of Comparative Constitutional Law and Policy

Tom Ginsburg, Terence C. Halliday, Gregory Shaffer, Harshan Kumarasingham, Colin Beck, John W. Meyer, Ralph I. Hosoki, Gili S. Drori, David Law, Paul Craig, Kim Lane Scheppele, David E. Landau, Javier Couso
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  • Date Published: April 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108593724

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About the Authors
  • Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.

    • Proposes a new way of analyzing constitution-making
    • Advances the theory of transnational legal ordering
    • Combines law, sociology and other disciplines into an integrated whole
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    Reviews & endorsements

    'This collection of rich and rigorous essays is tremendously valuable in solidifying our understanding of constitutions as transnational documents and constitution-making as a transnational process. It also compellingly shows the theoretical pay-offs of applying the ‘Transnational Legal Order’ framework to constitutional questions.' Mila Versteeg, University of Virginia School of Law

    'A wide range of transnational influences now shape democratic constitutions, for better or worse. Some of these influences are old, others new, yet we lack a systematic understanding of their direction and impact. This volume brings together leading public law scholars to reflect on the role of these influences on national democratic constitutional processes. This volume should be considered compulsory reading for all those interested in the future of global governance and democratic constitutionalism.' Rosalind Dixon, University of New South Wales, Sydney

    'Readers will emerge with a new understanding of how constitutions are made and remade. The authors disrupt the central claim in constitutional theory that constitutions are autochthonous creations reflecting purely national values and expressing local views. This book should become a focal point of reference in studies of constitution-making and constitutional change.' Richard Albert, William Stamps Farish Professor of Law, University of Texas, Austin

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    Product details

    • Date Published: April 2019
    • format: Adobe eBook Reader
    • isbn: 9781108593724
    • contains: 16 b/w illus. 1 map 11 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Constitution-making as transnational legal ordering Tom Ginsburg, Terence C. Halliday and Gregory Shaffer
    2. Constitutional advice and transnational legal order Tom Ginsburg
    3. A transnational actor on a dramatic stage – Sir Ivor Jennings and the manipulation of Westminster style democracy: the case of Pakistan Harshan Kumarasingham
    4. Constitutions in world society: a new measure of human rights Colin Beck, John W. Meyer, Ralph I. Hosoki and Gili S. Drori
    5. Constitutional dialects and transnational legal orders David Law
    6. Transnational constitution-making: the contribution of the Venice Commission on law and democracy Paul Craig
    7. Worst practices and the transnational legal order (or how to build a constitutional 'democratorship' in plain sight) Kim Lane Scheppele
    8. Democratic erosion and constitution-making moments: the role of transnational legal norms David E. Landau
    9. The possibilities and limits of a constitution-making transnational legal order: the case of Chile Javier Couso.

  • Editors

    Gregory Shaffer, University of California, Irvine
    Gregory Shaffer is Chancellor's Professor of Law, University of California, Irvine School of Law.

    Tom Ginsburg, University of Chicago
    Tom Ginsburg is Leo Spitz Professor of International Law at the University of Chicago Law School and a Research Professor at the American Bar Foundation.

    Terence C. Halliday, American Bar Foundation
    Terence C. Halliday is a Research Professor at the American Bar Foundation.

    Contributors

    Tom Ginsburg, Terence C. Halliday, Gregory Shaffer, Harshan Kumarasingham, Colin Beck, John W. Meyer, Ralph I. Hosoki, Gili S. Drori, David Law, Paul Craig, Kim Lane Scheppele, David E. Landau, Javier Couso

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