Practical Considerations For Public Participation In Constitution Building What When How And Why

Author : Erin C. Houlihan and Sumit Bisarya
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 66 pages
File Size : 40,9 Mb
Release : 2021-07-26
Category : Political Science
ISBN : 9789176714393

Get Book

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 : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 43,9 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

Get Book

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 : Sujit Choudhry,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 55,5 Mb
Release : 2016
Category : Constitutional history
ISBN : 1783472952

Get Book

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.

Author : OECD
Publisher : OECD Publishing
Page : 150 pages
File Size : 54,9 Mb
Release : 2020-06-10
Category : Electronic
ISBN : 9789264725904

Get Book

Innovative Citizen Participation and New Democratic Institutions Catching the Deliberative Wave by OECD Pdf

Public authorities from all levels of government increasingly turn to Citizens' Assemblies, Juries, Panels and other representative deliberative processes to tackle complex policy problems ranging from climate change to infrastructure investment decisions. They convene groups of people representing a wide cross-section of society for at least one full day – and often much longer – to learn, deliberate, and develop collective recommendations that consider the complexities and compromises required for solving multifaceted public issues.

Author : James Fowkes
Publisher : Cambridge University Press
Page : 415 pages
File Size : 50,7 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781107124097

Get Book

Building the Constitution by James Fowkes Pdf

A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.

Author : OECD
Publisher : OECD Publishing
Page : 128 pages
File Size : 46,9 Mb
Release : 2005-08-16
Category : Electronic
ISBN : 9789264008960

Get Book

Evaluating Public Participation in Policy Making by OECD Pdf

This book examines the key issues for consideration when evaluating information, consultation and public participation.

Author : Min Reuchamps,Yanina Welp
Publisher : Taylor & Francis
Page : 239 pages
File Size : 55,9 Mb
Release : 2023-08-31
Category : Political Science
ISBN : 9781000955248

Get Book

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 : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 42,6 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

Get Book

Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Author : Kimana Zulueta-Fülscher
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 41 pages
File Size : 54,7 Mb
Release : 2023-05-15
Category : Political Science
ISBN : 9789176716328

Get Book

How constitution-making fails and what we can learn from it by Kimana Zulueta-Fülscher Pdf

Constitution-making is often integral to achieving a new political settlement after conflict and in fragile settings. However, the process fails with relative frequency, in that actors cannot agree on a new text or the finalized text is not approved or ratified. While failure may be temporary—the process may resume after a period of time—it can also be costly. Key reforms may depend on the adoption of a new or revised constitution, and in its absence negotiations may stall and conflict recur. This Paper starts a conversation about the potential grounds for, and strategies to prevent or build on, failure. It was developed following the Ninth Edinburgh Dialogue on Post-Conflict Constitution-Building held in September 2022.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 196 pages
File Size : 55,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317083887

Get Book

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 : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 43,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

Get Book

Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Michele Brandt
Publisher : Unknown
Page : 369 pages
File Size : 42,7 Mb
Release : 2011
Category : Electronic
ISBN : 2839908719

Get Book

Constitution-making and Reform by Michele Brandt Pdf

Author : Tom Ginsburg,Sumit Bisarya
Publisher : Cambridge University Press
Page : 291 pages
File Size : 43,5 Mb
Release : 2022-11-17
Category : Law
ISBN : 9781108905046

Get Book

Constitution Makers on Constitution Making by Tom Ginsburg,Sumit Bisarya Pdf

Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.

Author : Moosa Elayah
Publisher : Springer Nature
Page : 260 pages
File Size : 47,6 Mb
Release : 2022-04-25
Category : History
ISBN : 9783030988357

Get Book

Europe and the MENA Region by Moosa Elayah Pdf

This book provides an overview of the National Dialogue design process in fragile settings at the national, regional, and international levels in the MENA region. It provides a comparative analysis at the international level by examining the Yemeni NDC 2013 with those of Afghanistan and Ethiopia, and at the regional level, focusing on Iraq and Tunisia. It also goes beyond the traditional exploration of political and social conflicts by adding a rich theoretical layer of analysis of Humanitarian Aid and its contribution to war economies in the Arab region. Finally, it examines the news frames used in the coverage of the conflicts in the Middle East and North Africa and takes one step further to integrate a media lens by analysing the extent of the media coverage devoted to the Yemeni and Syrian wars by four prestigious European online news platforms. This incisive book presents a radical contrast between the on-ground reality of the conflicts in the region, distinguished by various social, political, economic, geographic, and humanitarian challenges, and its discordant abstract portrayal in European online media.

Author : George Anderson,Sujit Choudhry
Publisher : Oxford University Press
Page : 464 pages
File Size : 45,8 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192573612

Get Book

Territory and Power in Constitutional Transitions by George Anderson,Sujit Choudhry Pdf

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.