Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 335 pages
File Size : 23,87 MB
Release : 2019-04-18
Category : Law
ISBN : 1108473105
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author : Terence C. Halliday
Publisher : Cambridge University Press
Page : 559 pages
File Size : 41,8 MB
Release : 2015-01-19
Category : Business & Economics
ISBN : 1107069920
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.
Author : Sujit Choudhry
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 36,70 MB
Release : 2016
Category : Constitutional history
ISBN : 9781783472956
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.
Author : Joanne Wallis
Publisher : Cambridge University Press
Page : 421 pages
File Size : 34,78 MB
Release : 2014-09-15
Category : Law
ISBN : 1316157083
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.
Author : Jennifer Lander
Publisher : Routledge
Page : 200 pages
File Size : 38,89 MB
Release : 2019-11-07
Category : Business & Economics
ISBN : 0429664133
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.
Author : Silvia Suteu
Publisher : Oxford University Press
Page : 272 pages
File Size : 15,72 MB
Release : 2021-05-20
Category : Law
ISBN : 0192602608
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Author : Vijayashri Sripati
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 27,38 MB
Release : 2020
Category : Law
ISBN : 9780199498024
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.
Author : Denis J. Galligan
Publisher : Cambridge University Press
Page : 693 pages
File Size : 35,92 MB
Release : 2013-10-14
Category : Law
ISBN : 1107434572
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.
Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 411 pages
File Size : 42,20 MB
Release : 2020-07-02
Category : Law
ISBN : 1108836585
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 539 pages
File Size : 33,92 MB
Release : 2016-09-15
Category : History
ISBN : 1107038529
This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.
