(describing interaction of local and national forces in constitution making). 2. The full text is as follows: Grateful to the Almighty God for giving the people of South Sudan the wisdom and courage to determine their destiny and future through a free, transparent, and peaceful referendum in accordance with the provisions of the Comprehensive Peace Agreement, 2005; Recalling our long and heroic struggle for justice, freedom, equality and dignity in South Sudan; Remembering and inspired by the selfless sacrifices of our martyrs, heroes and heroines; Dedicated to a genuine national healing process and the building of trust and confidence in our society through dialogue; Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women; 11/27/2013 9:46 AM 102 The Geo. Wash. Int'l L. Rev. [Vol. NN values include justice, human rights, the rule of law, and protection of natural resources, among many others. 3 South Sudan's preamble seems typical. 4 It is safe to say that most constitutional preambles are framed as the quintessential expression of national values. 5 The preamble often speaks in the name of a distinct people, either real or fictional, who are both the creators and subjects of the constitutional order. 6 Frequently, preambles recount key historical events such as the national struggle for independence. 7 In this sense, they constitute autobiographical narratives, legitimating specific local actions, historical moments, and organizations. 8 Call this the national expression thesis: constitutions, particularly preambles, reflect local needs, idioms, and aspirations. We know, however, that drafters of constitutions borrow many other aspects from abroad. Scholars have demonstrated that many provisions in constitutions are similar to those of other countries. For example, David Law and Mila Versteeg have shown that rights provisions have spread around the globe. 9 Zachary Elkins and his co-authors show that some rights, such as freedom of expression, have become nearly universal, while others have not. 10 Some have argued that there is a kind of global script at work, whereby nation-states use constitutions to Conscious of the need to manage our natural resources sustainably and efficiently for the benefit of the present and future generations and to eradicate poverty and attain the Millennium Development Goals; Do hereby, through this Southern Sudan Legislative Assembly, amend the Interim Constitution of Southern Sudan, 2005, which shall be adopted and hereafter referred to as the "Transitional Constitution of the Republic of South Sudan, 2011," and shall be the supreme law by which the independent and sovereign South Sudan shall be governed during the Transitional Period, and undertake to abide by, respect ...
We explore how ideas from infectious disease and genetics can be used to uncover patterns of cultural inheritance and innovation in a corpus of 591 national constitutions spanning 1789-2008. Legal "Ideas" are encoded as "topics" -words statistically linked in documents -derived from topic modeling the corpus of constitutions. Using these topics we derive a diffusion network for borrowing from ancestral constitutions back to the US Constitution of 1789 and reveal that constitutions are complex cultural recombinants. We find systematic variation in patterns of borrowing from ancestral texts and "biological"-like behavior in patterns of inheritance with the distribution of "offspring" arising through a bounded preferential-attachment process. This process leads to a small number of highly innovative (influential) constitutions some of which have yet to have been identified as so in the current literature. Our findings thus shed new light on the critical nodes of the constitution-making network. The constitutional network structure reflects periods of intense constitution creation, and systematic patterns of variation in constitutional life-span and temporal influence.
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