Transnational Constitution Making
External Actors, Expertise, and Democratic Transition
Law, Development and Globalization Series

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.

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

Alicia Pastor y Camarasa is a Researcher at the Swiss Graduate School of Public Administration of the University of Lausanne, Switzerland.