
Constitution-Making and Transnational Legal Order
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Constitution-Making and Transnational Legal Order
About this book
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.
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Table of contents
- Cover
- Half-title page
- Series page
- Title page
- Copyright page
- Dedication
- Contents
- List of Figures
- List of Tables
- List of Contributors
- 1 Constitution-Making as Transnational Legal Ordering
- 2 Constitutional Advice and Transnational Legal Order
- 3 A Transnational Actor on a Dramatic Stage – Sir Ivor Jennings and the Manipulation of Westminster Style Democracy in Pakista
- 4 Constitutions in World Society: A New Measure of Human Rights
- 5 Constitutional Dialects: The Language of Transnational Legal Orders
- 6 Transnational Constitution-Making: The Contribution of the Venice Commission on Law and Democracy
- 7 Autocracy under Cover of the Transnational Legal Order
- 8 Democratic Erosion and Constitution-Making Moments: The Role of Transnational Legal Norms
- 9 The Possibilities and Limits of a Constitution-Making Transnational Legal Order: The Case of Chile
- 10 Participatory Constitution-Making as a Transnational Legal Norm: Why Does It “Stick” in Some Contexts and Not in Others?
- Index