EXTERNAL ASSISTANCE TO CONSTITUTION MAKING IN THE 21ST CENTURY

The proposed panel will discuss external assistance to constitution making. The panelists all have recent experience in delivering such advice in dozens of countries around the globe. Reflecting on their own experiences, the panel will discuss questions such as: – Does external constitutional advice contribute to a growing global constitutionalism? Is this a problematic or a positive development? – Who is the client when international actors provide advice? – Most accounts of what drives constitutional design choices characterize the drivers as a mixture between path dependency and political negotiation. How can we fit external advice into these frameworks? – There is a bias in the number of external advisors towards individuals from the West/North. What effect does this have on constitution making and design? – How does the role of external advice fit with the concepts of legal transfer, borrowing, transplants, migration and ‘the IKEA theory‘ (Frankenburg, 2010)?



Time:  WEDNESDAY JUNE 27 2018 9:00 AM - 10:30 AM
Chair(s):   Tom Ginsburg
Panel:  Panel 132