International Influence on Constitution Making (Part A)
Traditionally, constitution making has been imagined in national terms, as a quintessential expression of the “will of the people.“ Yet since the early days of modern constitutions, their drafting has been embedded in an international context, influenced by foreign actors, institutions and ideas. Such external influence ranged from constitutional imposition led by occupying forces to voluntary constitutional borrowing, where local actors look at foreign constitutional models for inspiration, or invoke foreign constitutional principles and ideas for a variety of domestic political purposes. In recent decades a new practice of international constitutional influence has emerged, relying on various mechanisms of professional advising and guidance. The panel will explore the important role international factors are playing in constitution making from a variety of conceptual, comparative, historical and regional perspectives.