PANEL SESSIONS V WEDNESDAY JUNE 27 2018 9.00 AM – 10.30 AM

Room: CPD-LG.63

  • 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)?
  • External Assistance and the Endogenous Forces and Mechanisms of Constitution Making
    How does external assistance interact with the endogenous forces and mechanisms of constitution making? This paper unpacks external assistance into different forms, and applies each to the framework of drivers of constitutional design choice developed by Jon Elster in his 1995 paper ‘Forces and Mechanisms of Constitution Making’.