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The Making Of A Constitution In Afghanistan, J. Alexander Thier Jan 2006

The Making Of A Constitution In Afghanistan, J. Alexander Thier

NYLS Law Review

No abstract provided.


Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss Jan 2006

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss

NYLS Law Review

No abstract provided.


Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl Jan 2006

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. …


Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain Jan 2006

Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain

Faculty Scholarship

This article looks at a topic that has received little attention in the legal literature: constitution making by families. Of what interest is it to constitutional law and family law, and to those interested in the state of the family, that families undertake to draft - and are urged by assorted experts on the family to draft - family constitutions (by analogy to the U.S. constitution) and family mission statements (by analogy to corporate mission statements)? This article contends that this reported trend is a fruitful topic of inquiry, since it bears on important questions about the dynamics of family …