Panel 132
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 CENTURYThe 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 MakingHow 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’.
- Reflections on external assistance to constitution makingProfessor Ginsburg reflects on recent experiences in contexts as diverse as Tuvalu and Nepal, Chile and the Arab Region to discuss how external assistance impact constitutional design choices.
- Reflections on external assistance to constitution makingProfessor Choudhry reflects on recent experiences in contexts as diverse as Ukraine, Sri Lanka and the Arab Region to discuss how external assistance impact constitutional design choices.
- Reflections on External Advice to Constitution MakingProfessor Ghai provides reflections on the panel’s remarks, and discusses trends and changes in his four decades of experience providing – and receiving – constitutional advice.