Participatory Constitutional Change

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Taylor & Francis
Page : 212 pages
File Size : 53,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317083894

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Participatory Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.

Author : Erin C. Houlihan and Sumit Bisarya
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 66 pages
File Size : 43,5 Mb
Release : 2021-07-26
Category : Political Science
ISBN : 9789176714393

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Practical Considerations for Public Participation in Constitution-Building What, When, How and Why? by Erin C. Houlihan and Sumit Bisarya Pdf

Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.

Author : Min Reuchamps,Yanina Welp
Publisher : Taylor & Francis
Page : 239 pages
File Size : 40,9 Mb
Release : 2023-08-31
Category : Political Science
ISBN : 9781000955248

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Deliberative Constitution-making by Min Reuchamps,Yanina Welp Pdf

This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.

Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 44,6 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083

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Democratic Constitution Making by Vivien Hart Pdf

Author : Alexander Hudson
Publisher : Cambridge University Press
Page : 241 pages
File Size : 41,5 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108840071

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The Veil of Participation by Alexander Hudson Pdf

Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.

Author : J. V. Clyne,Canada West Foundation,Roger Gibbins
Publisher : Calgary : The Foundation
Page : 44 pages
File Size : 46,6 Mb
Release : 1981
Category : Canada
ISBN : 0919251471

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Citizens and Constitutions : a Constituent Assembly as a Means to Citizen Participation in Constitutional Change : a Report by J. V. Clyne,Canada West Foundation,Roger Gibbins Pdf

Author : Todd A. Eisenstadt,A. Carl LeVan,Tofigh Maboudi
Publisher : Cambridge University Press
Page : 223 pages
File Size : 49,6 Mb
Release : 2017-07-03
Category : Law
ISBN : 9781107168220

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Constituents Before Assembly by Todd A. Eisenstadt,A. Carl LeVan,Tofigh Maboudi Pdf

When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 55,8 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Author : Devra C. Moehler
Publisher : University of Michigan Press
Page : 266 pages
File Size : 45,9 Mb
Release : 2008
Category : History
ISBN : 0472069934

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Distrusting Democrats by Devra C. Moehler Pdf

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Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 447 pages
File Size : 49,9 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088622

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New Constitutionalism in Latin America by Almut Schilling-Vacaflor Pdf

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Author : Adrian Bua,Sonia Bussu
Publisher : Taylor & Francis
Page : 230 pages
File Size : 49,8 Mb
Release : 2023-05-12
Category : Political Science
ISBN : 9781000881097

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Reclaiming Participatory Governance by Adrian Bua,Sonia Bussu Pdf

Reclaiming Participatory Governance offers empirical and theoretical perspectives on how the relationship between social movements and state institutions is emerging and developing through new modes of participatory governance. One of the most interesting political developments of the past decade has been the adoption by social movements of strategies seeking to change political institutions through participatory governance. These strategies have flourished in a variety of contexts, from anti-austerity and pro-social justice protests in Spain, to movements demanding climate transition and race equality in the UK and the USA, to constitutional reforms in Belgium and Iceland. The chief ambition and challenge of these new forms of participatory governance is to institutionalise the prefigurative politics and social justice values that inspired them in the first place, by mobilising the bureaucracy to respond to their claims for reforms and rights. The authors of this volume assess how participatory governance is being transformed and explore the impact of such changes, providing timely critical reflections on: the constraints imposed by cultural, economic and political power relations on these new empowered participatory spaces; the potential of this new "wave" of participatory democracy to reimagine the relationship between citizens and traditional institutions towards more radical democratic renewal; where and how these new democratisation efforts sit within the representative state; and how tensions between the different demands of lay citizens, organised civil society and public officials are being managed. This book will be an important resource for students and academics in political science, public administration and social policy, as well as activists, practitioners and policymakers interested in supporting innovative engagement for deeper social transformation. Chapter 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : Keith G. Banting,Richard Simeon
Publisher : Unknown
Page : 280 pages
File Size : 48,5 Mb
Release : 1985
Category : Law
ISBN : UOM:39015012174663

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Redesigning the State by Keith G. Banting,Richard Simeon Pdf

Author : Keith G Banting,Richard Simeon
Publisher : Palgrave Macmillan
Page : 282 pages
File Size : 46,8 Mb
Release : 1985-06-23
Category : Political Science
ISBN : UOM:39015018620149

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The Politics of Constitutional Change in Industrial Nations by Keith G Banting,Richard Simeon Pdf

During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.

Author : Bertus De Villiers,Jabu Sindane
Publisher : HSRC Press
Page : 378 pages
File Size : 40,6 Mb
Release : 1996
Category : Political Science
ISBN : 079691706X

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Managing Constitutional Change by Bertus De Villiers,Jabu Sindane Pdf

Constitutional crises seem to be the order of the day with reports on the rise and fall of political systems around the world almost dominating world news on a daily basis. How does a country negotiate and manage constitutional change in such a way that the very process of drafting a new constitution becomes the first building block of such a change? This issue is the focus of this publication which outlines and compares the experiences of a wide range of countries which at some time or another had to manage a constitutional change.

Author : Sujit Choudhry,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 53,8 Mb
Release : 2016
Category : Constitutional history
ISBN : 1783472952

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Constitution Making by Sujit Choudhry,Tom Ginsburg Pdf

Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.