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Transnational Constitution Making: External Actors, Expertise, and Democratic Transition (eBook)


ISBN13: 9781040035856
Published: June 2024
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £39.99
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This book examines the largely neglected, but crucial role of transnational actors in democratic constitution-making.

The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational, actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies, but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved, but also the continuity between decolonisation and post-Cold War constitution-making.

This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Subjects:
Constitutional and Administrative Law, eBooks
Contents:
Introduction: Demystifying ‘We the People’

Part 1. Crafting a new theory: from constituent power to the development enterprise
1. The limits of constituent power for transnational constitution-making
2. Unpacking liberal legalism
3. The figure of the expert

Part 2. External actors in constitution-making as a development enterprise
4. Tracing external actor involvement from decolonisation to post-Cold War constitution-making
5. The expert as a key actor in transnational constitution-making
Conclusion: towards a new theory of constitution-making

Series: Law, Development and Globalization

Hybridity: Law, Culture and Development ISBN 9781138673427
Published February 2017
Routledge
£150.00
Hybridity: Law, Culture and Development (eBook) ISBN 9781317202899
Published February 2017
Routledge
Out of print
Law and Society in Latin America: A New Map ISBN 9781138685925
Published May 2016
Routledge
£49.99
Law and Society in Latin America: A New Map (eBook) ISBN 9781136002489
Published September 2014
Routledge
Out of print
Law and Society in Latin America: A New Map ISBN 9780415854047
Published September 2014
Routledge
£145.00
Out of print
£145.00
Social Movements, Law and the Politics of Land Reform ISBN 9780415477710
Published April 2013
Routledge
£125.00
Lawyers and the Rule of Law in an Era of Globalization ISBN 9780415628761
Published May 2012
Routledge
£49.99
Lawyers and the Construction of Transnational Justice ISBN 9780415581189
Published October 2011
Routledge
£145.00
Lawyers and the Construction of Transnational Justice (eBook) ISBN 9781136643859
Published October 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization (eBook) ISBN 9780203831359
Published February 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization (eBook) ISBN 9781136828737
Published February 2011
Routledge
Out of print
Lawyers and the Rule of Law in an Era of Globalization ISBN 9780415581172
Published February 2011
Routledge
£145.00
Global Perspectives on the Rule of Law ISBN 9780415589598
Published July 2010
Routledge
£56.99
Publication Abandoned