Strangers in the Room: Constitution-making, External Actors and the 2014 Tunisian Constitution
(2018) , 27-43 pages
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- Abstract
- A discussion of external actors in the context of constitutional drafting appears at first glance to be oxymoronic. Drafting a constitution is considered to be a paradigmatic expression of sovereignty and is understood as a national process. However, since the end of the Cold War constitution- making has evolved to become increasingly internationalised. The phenomenon of globalisation has tainted many legal arenas, with constitutional law being no exception to this trend. The erosion of constitutional borders has been acknowledged for some time; understanding the constitutional legal system as a fortress immune to external influence is at best naïve, and at worst involves a myopic attempt to associate abstract legal theory with what is supposed to exist on the ground.116 As it stands, constitutional legal theory has not devoted much attention to the implications of the phenomenon of internationalisation on its foundational concept. Focusing attention on the actors involved in the process sheds light on the complex conditions under which constitutional transitions occur. The aim of the present inquiry is not to delve into analysis of the application of international law during constitutional transitions.118 Instead of focusing on international norms, this paper will centre on the involvement of external actors during constitution-making, using the 2014 Tunisian transition as a case study.119 This contribution aims to explore the dissonance that exists between the theory surrounding constitution-making and the reality found on the ground. Investigating the diverse profiles of external actors that influence the process of constitution-making will enhance the understanding of the exercise of constituent power in the broader context of globalisation, and how it affects the legitimacy of new constitutions.
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Pastor y Camarasa, A. (2018). Strangers in the Room: Constitution-making, External Actors and the 2014 Tunisian Constitution (Cahiers de la Chaire Démocratie Cultures et Engagement 2). https://hdl.handle.net/2078.5/171554