Constitution-Making and Transnational Legal Order

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

List 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.

About the author

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.

Summary

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.

Product details

• Authors: Gregory (University of California Shaffer
• Assisted by: Tom Ginsburg (Editor), Tom (University of Chicago) Ginsburg (Editor), Ginsburg Tom (Editor), Terence C. Halliday (Editor), Halliday Terence C. (Editor), Gregory Shaffer (Editor), Gregory (University of California Shaffer (Editor), Shaffer Gregory (Editor)
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 31.05.2019
• EAN: 9781108473101
• ISBN: 978-1-108-47310-1
• No. of pages: 332
• Series: Comparative Constitutional Law; Comparative Constitutional Law and Policy; Comparative Constitutional Law
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; LAW / Constitutional, Comparative Politics, Public International Law, Constitutional & administrative law, Constitutional and administrative law: general