Abstract
This framework introductory chapter to our book Constitution-Making and Transnational Legal Order (CUP 2019) addresses the transnational flow of ideas and institutions that shape how national constitutions are made. It examines the array of transnational influences, actors, and ideas that provide the very grammar for constitutional projects. The introduction first traces the history of transnational constitution-making to counteract the powerful myth that constitutions reflect exclusively national content and processes. It then lays out the theoretical framework of “transnational legal orders” developed by Halliday and Shaffer and applies it to processes of transnational legal ordering in the making of national constitutions. After summarizing the book’s case studies, the chapter assesses the ways that the case studies contribute to theorizing about the rise and fall of transnational legal orders.
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