Constitutional Advice and Transnational Legal Order
In: UC Irvine Journal of International, Transnational, and Comparative Law [Vol. 2: 5-32]
In: UC Irvine Journal of International, Transnational, and Comparative Law [Vol. 2: 5-32]
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In: American journal of international law: AJIL, Band 111, Heft 1, S. 197-202
ISSN: 2161-7953
This article surveys the history and practice of providing constitutional advice. It first examines antecedents, then looks at the contemporary political economy of the process, drawing on the transnational legal order (TLO) framework to evaluate whether or not it can be characterized as a TLO. The answer is a partial yes. We focus on one feature of the modern situation, the presence of corporate actors—including the United Nations, NGOs, and international organizations—in an increasingly dense social field. This development has laid bare tensions and competition among actors, moving the field toward a nascent TLO that is nevertheless unlikely to fully consolidate or institutionalize. We conclude that the field evidences aspects of a transnational legal order but also serves as an arena in which other TLOs contest over outcomes.
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In: University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 817
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Working paper
In: Ginsburg, Tom, and Eric Alston. "Playing for constitutional time: Interim constitutions and transitional provisions." The Timing of Lawmaking (2017): 110
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In: Proceedings of the ASIL Annual Meeting, Band 110, S. 74-76
ISSN: 2169-1118
In: Elgar research reviews in law
In: Constitutional law 2
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 research review is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage the research review provides an essential overview of the myriad of circumstances in which constitutions can be made.--Résumé de l'éditeur
In: Journal of democracy, Band 27, Heft 3, S. 69-82
ISSN: 1045-5736
World Affairs Online
In: Asian Journal of Law and Society 3:1-16 (2016)
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In: This is a draft version of an essay that appears in the July 2016 issue of the Journal of Democracy"
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In: Journal of democracy, Band 27, Heft 3, S. 69-82
ISSN: 1086-3214
In: Comparative constitutional law and policy
From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, which apply across the board? Or is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, political scientists, empiricists, and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East, and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of 'constitutional success' play out differently in different contexts and provides examples of how "success" can be differently defined under different circumstances.