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Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Vanderbilt Journal of Transnational Law
This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …
Are We There Yet?: Measuring Success Of Constitutional Reform, Maria Dakolias
Are We There Yet?: Measuring Success Of Constitutional Reform, Maria Dakolias
Vanderbilt Journal of Transnational Law
Like many other countries in the world, the United Kingdom has been modernizing its constitutional arrangements. But unlike all other countries, there is no codified, written constitution. Since 1997, that unwritten constitution has undergone a radical overhaul. Taken together, the changes to systems and institutions represent the most sustained program of reform in the United Kingdom for a century. The main question is whether these reforms were successful. What does success mean? As is well known, implementation is the key to success. So evaluating the reforms and discussing successes and challenges are not only important for the U.K. internal dialogue …