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The Internationalized Pouvoir Constituant ― Constitution-Making Under External Influence in Iraq, Sudan and East Timor

The Internationalized Pouvoir Constituant ― Constitution-Making Under External Influence in Iraq,... / Constitution-making, traditionally the hallmark of sovereignty and the ultimate expression of national self-determination, is increasingly be- coming an object of international law. Be it Bosnia-Herzegovina, Af- ghanistan or most recently Iraq, several instances spring to mind in which international actors were not only instrumental in bringing about a new constitution from a factual point of view but in which interna- tional law played an important role in governing the process of consti- tution-making. Foreign influence on constitution-making processes is hardly a novel phenomenon. However, the extent to which the interna- tional community has become involved and the increasingly legalized forms of its involvement add a new dimension to the traditional con- cept of constitution-making. A number of scholars have begun to highlight different aspects of this development. They have analyzed the legal structures of interna- tional administrations, which create the framework for constitution- making in post-conflict situations;1 they have examined the political and sociological conditions of constitution-making as a tool of post- conflict reconstruction;2 they have considered substantial standards for constitution-making;3 and, last but not least, they have debated the le- gitimacy of such foreign influence on the political self-determination of a people.4 This article builds on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Max Planck Yearbook of United Nations Law Online Brill

The Internationalized Pouvoir Constituant ― Constitution-Making Under External Influence in Iraq, Sudan and East Timor

Max Planck Yearbook of United Nations Law Online , Volume 10 (1): 41 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1875-7413
DOI
10.1163/187574106X00100
Publisher site
See Article on Publisher Site

Abstract

/ Constitution-making, traditionally the hallmark of sovereignty and the ultimate expression of national self-determination, is increasingly be- coming an object of international law. Be it Bosnia-Herzegovina, Af- ghanistan or most recently Iraq, several instances spring to mind in which international actors were not only instrumental in bringing about a new constitution from a factual point of view but in which interna- tional law played an important role in governing the process of consti- tution-making. Foreign influence on constitution-making processes is hardly a novel phenomenon. However, the extent to which the interna- tional community has become involved and the increasingly legalized forms of its involvement add a new dimension to the traditional con- cept of constitution-making. A number of scholars have begun to highlight different aspects of this development. They have analyzed the legal structures of interna- tional administrations, which create the framework for constitution- making in post-conflict situations;1 they have examined the political and sociological conditions of constitution-making as a tool of post- conflict reconstruction;2 they have considered substantial standards for constitution-making;3 and, last but not least, they have debated the le- gitimacy of such foreign influence on the political self-determination of a people.4 This article builds on

Journal

Max Planck Yearbook of United Nations Law OnlineBrill

Published: Jan 1, 2006

There are no references for this article.