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/ 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
Max Planck Yearbook of United Nations Law Online – Brill
Published: Jan 1, 2006
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