Making Constitutions In Deeply Divided Societies

Author : Hanna Lerner
Publisher : Cambridge University Press
Page : 273 pages
File Size : 40,6 Mb
Release : 2011-05-12
Category : Law
ISBN : 9781139502924

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Making Constitutions in Deeply Divided Societies by Hanna Lerner Pdf

How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.

Author : Hanna Lerner
Publisher : Unknown
Page : 604 pages
File Size : 43,5 Mb
Release : 2006
Category : Constitutional history
ISBN : OCLC:71840096

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Constitution Making in Deeply Divided Societies by Hanna Lerner Pdf

Author : David S. Law
Publisher : Unknown
Page : 611 pages
File Size : 47,5 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781108427098

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Constitutionalism in Context by David S. Law Pdf

A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Author : David Landau,Hanna Lerner
Publisher : Edward Elgar Publishing
Page : 624 pages
File Size : 42,5 Mb
Release : 2019
Category : Law
ISBN : 9781785365263

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Comparative Constitution Making by David Landau,Hanna Lerner Pdf

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Author : Feargal Cochrane,Neophytos Loizides,Thibaud Bodson
Publisher : Routledge
Page : 165 pages
File Size : 49,6 Mb
Release : 2018-01-12
Category : Political Science
ISBN : 9781351250542

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Mediating Power-Sharing by Feargal Cochrane,Neophytos Loizides,Thibaud Bodson Pdf

This book focuses on the design and operation of power-sharing in deeply divided societies. Beyond this starting point, it seeks to examine the different ways in which consociational institutions emerge from negotiations and peace settlements across three counter-intuitive cases – post-Brexit referendum Northern Ireland, the Brussels Capital Region and Cyprus. Across each of the chapters, the analysis assesses how the design or mediation of these various forms of power-sharing demonstrate similarity, difference and complexity in how consociationalism has been conceived of and operated within each of these contexts. Finally, a key objective of the book is to explore and evaluate how ideas surrounding power-sharing have evolved and changed incrementally within each of the empirical contexts. The unifying argument within the book is that power-sharing has to have the capacity to adapt to changing political circumstances, and that this can be achieved through the interplay of formal and informal micro-level refinements to these institutions and the procedures that govern them, that allow such institutions to evolve over time in ways that increase their utility as conflict transformation governance structures for deeply divided societies. This book fills the gap in the published literature between theoretical and empirical studies of power-sharing, and will be of much interest to students of peace and conflict studies, consociationalism, European politics and IR in general.

Author : Joanne Wallis
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 1107666651

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Constitution Making during State Building by Joanne Wallis Pdf

Joanne Wallis is a lecturer in the College of Asia and the Pacific at the Australian National University. She has previously taught at the University of Cambridge, the University of Melbourne and Swinburne University. She completed her PhD in politics and international studies at the University of Cambridge in 2011. From January 2009 to January 2012 she was an honorary Fellow of the School of Social and Political Sciences at the University of Melbourne. In 2006, she was a Fulbright Scholar at the Walker Institute of International and Area Studies at the University of South Carolina. She has also worked as a lawyer and has conducted research consultancies for Australian and international NGOs. Her research considers the role that constitution making plays in building states and nations in post-conflict societies, with a particular emphasis on the opportunities for engagement between liberal and local approaches to law, governance and development.

Author : Samuel Issacharoff
Publisher : Cambridge University Press
Page : 311 pages
File Size : 42,8 Mb
Release : 2015-06-17
Category : Law
ISBN : 9781107038707

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Fragile Democracies by Samuel Issacharoff Pdf

This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Author : Donald L. Horowitz
Publisher : Yale University Press
Page : 284 pages
File Size : 54,6 Mb
Release : 2021
Category : Constitutional law
ISBN : 9780300254365

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Constitutional Processes and Democratic Commitment by Donald L. Horowitz Pdf

Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.

Author : Sujit Choudhry
Publisher : OUP Oxford
Page : 496 pages
File Size : 46,7 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191021510

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Constitutional Design for Divided Societies by Sujit Choudhry Pdf

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Author : Ben Reilly,Andrew Reynolds,Committee on International Conflict Resolution,Commission on Behavioral and Social Sciences and Education,Division of Behavioral and Social Sciences and Education,National Research Council
Publisher : National Academies Press
Page : 73 pages
File Size : 49,8 Mb
Release : 1999-05-04
Category : Technology & Engineering
ISBN : 9780309519106

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Electoral Systems and Conflict in Divided Societies by Ben Reilly,Andrew Reynolds,Committee on International Conflict Resolution,Commission on Behavioral and Social Sciences and Education,Division of Behavioral and Social Sciences and Education,National Research Council Pdf

This paper is one of a series being prepared for the National Research Council's Committee on International Conflict Resolution. The committee was organized in late 1995 to respond to a growing need for prevention, management, and resolution of violent conflict in the international arena, a concern about the changing nature and context of such conflict in the post-Cold War era, and a recent expansion of knowledge in the field. The committee's main goal is to advance the practice of conflict resolution by using the methods and critical attitude of science to examine the effectiveness of various techniques and concepts that have been advanced for preventing, managing, and resolving international conflicts. The committee's research agenda has been designed to supplement the work of other groups, particularly the Carnegie Corporation of New York's Commission on Preventing Deadly Conflict, which issued its final report in December 1997. The committee has identified a number of specific techniques and concepts of current interest to policy practitioners and has asked leading specialists on each one to carefully review and analyze available knowledge and to summarize what is known about the conditions under which each is or is not effective. These papers present the results of their work.

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Author : Alan J. Kuperman
Publisher : University of Pennsylvania Press
Page : 304 pages
File Size : 48,6 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780812246582

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Constitutions and Conflict Management in Africa by Alan J. Kuperman Pdf

Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 43,9 Mb
Release : 2017-10-26
Category : History
ISBN : 9781107183346

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Constitutions, Religion and Politics in Asia by Dian A. H. Shah Pdf

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 50,5 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083

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Democratic Constitution Making by Vivien Hart Pdf