Description: 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.
Brief description: Gregory Shaffer is Chancellor's Professor of Law, University of California, Irvine School of Law.
Review Quotes: 'This collection of rich and rigorous essays is tremendously valuable in solidifying our understanding of constitutions as transnational documents and constitution-making as a transnational process. It also compellingly shows the theoretical pay-offs of applying the 'Transnational Legal Order' framework to constitutional questions.' Mila Versteeg, University of Virginia School of Law