Constitution-making and transnational expertise: Lessons from the 2014 Tunisian Constitution

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Serval ID
serval:BIB_06A33FCB28A0
Type
A part of a book
Publication sub-type
Chapter: chapter ou part
Collection
Publications
Institution
Title
Constitution-making and transnational expertise: Lessons from the 2014 Tunisian Constitution
Title of the book
Research Handbook on Law and Political Systems
Author(s)
Pastor y Camarasa Alicia
Publisher
Edward Elgar
ISBN
9781800378339
Publication state
Published
Issued date
10/11/2023
Genre
Book Chapter
Chapter
12
Pages
186-199
Language
english
Abstract
While there has indeed been scholarly interest in constitution-making, in particular in the context of democratization, there has been little empirical analysis of how it unfolds in situ. Legal scholars have tended to consider that the provision of expertise in constitution-making is marginal, and hence not worthy of in-depth examination. The literature on constitution-making interested in the transnational dimension is driven by normative concerns rather than descriptive ones. This chapter aims to contribute to filling this gap. This chapter argues that studying the transnational dimension of constitution-making is an important element of understanding how political systems are built. Drawing on discussions on the political dimension of expertise in legal reforms, the chapter describes how this translates to constitution-making, providing a more accurate and comprehensive picture of the transnational dimension of constitution-making, with an empirically driven account of foreign expert involvement. This chapter uses the case study of the 2014 Tunisian constitution to shed light on the transnational dimension of constitution-making.
Keywords
Constitution-making, Expertise, International organisations
Create date
07/09/2023 20:41
Last modification date
02/12/2023 7:15
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