Constitution-Making and Transnational Legal Order

ISBN-13: 9781108460989 / Angielski / Miękka / 2020 / 334 str.

Irvine) Gregory Shaffer (University of California;Tom Ginsburg (University of Chicago);Terence C. Halliday

Opis

Constitution-making is often thought of as an exclusively national project that constitutes the framework for politics and law within a nation, but constitutions have always been influenced by ideas from abroad. External influence is increasing, producing a transnational legal order with its own constitutional norms, processes, guidelines and shared ideas.

Recenzje

'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

Spis treści

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.