Comparative Constitutional Law and Policy #: Constitution-Making and Transnational Legal Order

Comparative Constitutional Law and Policy #: Constitution-Making and Transnational Legal Order
Tom Ginsburg, Gregory Shaffer, Terence C Halliday
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Paperback
Not defined - 334pg
17 Sep 2020 UK
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9781108460989
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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.

Adventures of the Constituent Power, The: Beyond Revolutions?
Buddhism Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka
Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence
Comparative Constitutional Design
Comparative Constitutional Law and Policy: Consequential Courts: Judicial Roles in Global Perspective
Comparative Constitutional Law and Policy: Constitution-Making and Transnational Legal Order
Constitutionalism in Context
Failure of Popular Constitution Making in Turkey, The: Regressing Towards Constitutional Autocracy
Towering Judges: A Comparative Study of Constitutional Judges
Veil of Participation, The: Citizens and Political Parties in Constitution-Making Processes

'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
'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
Gregory Shaffer is Chancellor's Professor of Law, University of California, Irvine School of Law. 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 is a Research Professor at the American Bar Foundation.
Status: Active
ISBN-13: 9781108460989
Published: 17 Sep 2020
Published In: United Kingdom
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Format: Paperback
Pages: 334

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