Migration Of Constitutional Ideas Research Articles

Constitutionalization of Happiness: A Global and Comparative Inquiry

AbstractHappiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms “happiness” and “well-being” form part of the constitutional lexicon of more than 20 and 110 states respectively. These “happiness provisions” epitomize the phenomenon of the “constitutionalization of happiness,” which denotes the process of elevating happiness to the constitutional echelon, thereby bearing discernible legal and political implications. An audit of all happiness provisions reveals that they boil down to three categories—happiness as a national objective, happiness as a policy paradigm, and the pursuit of happiness as a human right. The meaning and jurisprudential landscape of happiness provisions within a specific constitutional framework is molded by, on top of the semantic and structural configuration, a dynamic interplay among three factors, which include the indigenous and socio-cultural conception of happiness of that state, interpretations put forward by judges and other constitutional actors, and transnational influences such as the migration of constitutional ideas and jurisprudence. This article draws upon an extensive array of case studies, covering among others Bhutan, Bolivia, Ecuador, Japan, Korea, and Nigeria, to illustrate the breadth and diversity that enliven the universe of happiness provisions.

Ely in New Zealand

Abstract John Hart Ely’s representation-reinforcing theory of the US Constitution had a significant impact on the drafting of the New Zealand Bill of Rights Act 1990. This short article begins by recapping briefly the pathway by which that influence occurred. It then expands on earlier accounts in two ways. The first is to suggest that Ely’s influence in New Zealand illustrates the significance of American postgraduate legal education programs as a vector for the migration of constitutional ideas (although the causal relationship in this case is neither straightforward nor direct). The second is to confront more explicitly a nagging question raised by earlier scholarship: to what extent was it Ely specifically (rather than US process theories more generally) that influenced the New Zealand experience? The article suggests that, at very least, Ely’s work acted as the conduit by which the ideas underlying American process theory were transmitted into the New Zealand text. Although it is inevitably somewhat speculative, the article also suggests that it is unlikely that, in the absence of Ely, the drafters of the N.Z. Bill of Rights would have pursued a process-perfecting strategy with quite the same vigilance and systematicity.

Globalization and standards of constitutional interpretation

The article examines the problems of constitutional interpretation through the prism of globalization and modern world modelsof constitutional interpretation. Emphasis is placed on the fact that the main trend in the implementation of constitutional interpretationin modern conditions is the use of the case law of the European Court of Human Rights and reference to the decisions of the constitutionalcourts of foreign countries. This is the result of globalization, the practice of modern constitutionalism and dialogue betweenjudges of constitutional courts in the world. Such a constitutional combination of practices is not only a tool for improving judicial decisions,but also for building a “global legal system”. The globalization of constitutional law means that constitutionalism is no longerthe privilege of the nation-state, but a world concept and standard. The use of international law in the constitutional interpretation isjust one example of the migration of constitutional ideas through legal systems, which also includes the use of foreign constitutions asmodels in the process of adopting a constitution.It is concluded that Ukraine, like the countries of Eastern and Central Europe, has no choice but to adopt liberal-democratic constitutions.These are common constitutional values and constitutional rapprochement. Therefore, the constitutional interpretationthrough a comparative reference to international (and foreign) law and soft law acts of the Council of Europe is part of the modernimplementation of the concept of international law, the concept of friendly attitude to international law and the migration of constitutionalideas.

Neither Parochial Nor Cosmopolitan: Appraising the Migration of Constitutional Ideas

The Modern Law ReviewVolume 71, Issue 2 p. 303-319 Neither Parochial Nor Cosmopolitan: Appraising the Migration of Constitutional Ideas Jo Eric Khushal Murkens, Jo Eric Khushal Murkens Law Department, London School of EconomicsSearch for more papers by this author Jo Eric Khushal Murkens, Jo Eric Khushal Murkens Law Department, London School of EconomicsSearch for more papers by this author First published: 18 February 2008 https://doi.org/10.1111/j.1468-2230.2008.00694.xRead the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Volume71, Issue2March 2008Pages 303-319 RelatedInformation

Travel-log of a New Metaphor The Migration of Constitutional Ideas, Sujit Choudhry (Ed.), Oxford University Press

Travel-log of a New Metaphor The Migration of Constitutional Ideas, Sujit Choudhry (Ed.), Oxford University Press

The Migration of Constitutional Ideas and the Migration of the Constitutional Idea: The Case of the EU

This paper considers the dynamics of migration of constitutional ideas in the context of the gradually constitutionalizing EU, and in particular the advent of a first documentary Constitution shape new (and as yet unratified) Constitutional Treaty 2004. normal, profound, complexities tracking evaluating migration ideas national context are exacerbated case supranational polity such EU. Empirically, its position partial relational rather than comprehensive self-contained means that migratory flow is thicker sense common EU 'habitat' to which migrate less distinct. Normatively, due this empirical complexity, classic arguments about democratic dangers cultural insensitivity do not apply same fashion. On account quasi-federal mediating role ECJ, relative openness Constitution-making process, emphasis upon relatively context-independent measures institutional design, different normative significance democracy principle at level, final analysis pressing level. By contrast, however, distinctive character European importation honed state against background politics may be inappropriate transnational political culture.