Constitution-Making and Transnational Legal Order

Constitution-Making and Transnational Legal Order

Author: Gregory Shaffer

Publisher: Cambridge University Press

Published: 2019-04-18

Total Pages: 335

ISBN-13: 1108473105

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Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.


Transnational Legal Orders

Transnational Legal Orders

Author: Terence C. Halliday

Publisher: Cambridge University Press

Published: 2015-01-19

Total Pages: 559

ISBN-13: 1107069920

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Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.


Constitution Making

Constitution Making

Author: Sujit Choudhry

Publisher: Edward Elgar Publishing

Published: 2016

Total Pages: 0

ISBN-13: 9781783472956

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Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.


Constitution Making during State Building

Constitution Making during State Building

Author: Joanne Wallis

Publisher: Cambridge University Press

Published: 2014-09-15

Total Pages: 421

ISBN-13: 1316157083

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How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.


Transnational Law and State Transformation

Transnational Law and State Transformation

Author: Jennifer Lander

Publisher: Routledge

Published: 2019-11-07

Total Pages: 200

ISBN-13: 0429664133

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This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.


Social and Political Foundations of Constitutions

Social and Political Foundations of Constitutions

Author: Denis J. Galligan

Publisher: Cambridge University Press

Published: 2013-10-14

Total Pages: 693

ISBN-13: 1107434572

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This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.


Constitution-making Under UN Auspices

Constitution-making Under UN Auspices

Author: Vijayashri Sripati

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 0

ISBN-13: 9780199498024

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Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.


Drafting the Irish Constitution, 1935–1937

Drafting the Irish Constitution, 1935–1937

Author: Donal K. Coffey

Publisher: Springer

Published: 2018-05-04

Total Pages: 319

ISBN-13: 331976246X

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The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.


A Sociology of Transnational Constitutions

A Sociology of Transnational Constitutions

Author: Chris Thornhill

Publisher: Cambridge University Press

Published: 2016-09-15

Total Pages: 539

ISBN-13: 1107038529

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This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.


Transnational Legal Ordering of Criminal Justice

Transnational Legal Ordering of Criminal Justice

Author: Gregory Shaffer

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 411

ISBN-13: 1108836585

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A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.