Transnational Evaluation of a Constitution Who, When and How

Abstract

Not only most types of states and governments affected by transnational customs and force of international rules but also constitutions, as a base of rule of law shaping independence, however, depends on provisions arising from the horizontal dimension of transnational concepts. At all, there is a need for a method of evaluation of constitutions by transnational order and principles, which can theoretically configure a framework of a constitution. From beginning to end how a constitution ought to make, write and approve and change (not causing revolution), what ought to be in or out of a constitution, how should an effective fundamental right draft in constitution and etc? Recent constitution writing after revolutions took place by revolutionary people after falling down (not planned before) of another constitution (which somehow suit) in a rotary attitude and as a consequence, this kind of constitution is violating in nature, unstable and sentimentally, may cause changes in close future. This paper tries to develop transnational constitutional standards, which may enable evaluation of a constitution, with focuses on the preliminary standards of writing constitution, who, when and how may draft and approve a constitution with a look to recent revolutions; going to find fair answers to who entitle to draft? When is the proper time to change and revise? Finally, how these answers seem proper in transnational?