Constitution-Making and Transnational Legal Order (Comparative Constitutional Law and Policy)

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.

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.