Transnational Borrowing and Judicial Sovereignty in a Comparative Analysis of Constitutional Restructuring in Emerging Economies

Abstract

The paper focuses on the transnational legal borrowing and judicial sovereignty in the constitutional restructuring of emerging economies. The essence is to assess the incorporation of foreign legal principles with constitutional reforms in Turkey (2020), India (2015), and South Africa (2018), and the independence of the judiciary. The research also aims to measure the effectiveness of these reforms using machine learning metrics such as Accuracy, Precision, and Recall to determine the extent to which the reforms are in conformity with international standards and the extent to which they are comprehensive in addressing governance problems. The methodology employs a comparative case study design, in which the constitutional documents, international treaties, and case study reports are qualitatively analyzed. It creates a quantitative framework to give numerical ratings of each reform by Accuracy, Precision, and Recall. These measures are operationalized as follows: Accuracy measures how much they conform to international norms (e.g., human rights treaties), Precision evaluates how much they focus on key areas of governance (e.g., judicial sovereignty, human rights) and Recall evaluates how well the reforms address all the relevant issues of governance. According to the results, Turkey (2020) scored the highest on the Accuracy score (94%), which indicates its good conformity to international legal standards. The highest Precision (91%) and Recall (88%) were also obtained in Turkey, indicating good coverage of vital areas of governance. India (2015) and South Africa (2018) had slightly lower scores with Accuracy scores of 91% and 90 % respectively. India was very precise (90%), but Recall (86%) showed a more discriminating coverage of governance areas, whereas South Africa was precise (89%) and Recall (85%), indicating that the reforms were positive, albeit with a narrow focus. This paper provides useful statistical indicators of the success of constitutional reforms by measuring them using machine learning, a novel approach to the balance between transnational legal and judicial sovereignty. The long-term value of such reforms and the influence on political stability and national sovereignty could be further investigated in future research.