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Author : Alick Banda
Publisher : Unknown
Page : 88 pages
File Size : 43,8 Mb
Release : 2004
Category : Constitutional amendments
ISBN : IND:30000102880311
Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 53,5 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083
Author : Kimana Zulueta-Fülscher
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 41 pages
File Size : 42,5 Mb
Release : 2023-05-15
Category : Political Science
ISBN : 9789176716328
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 : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624
"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 : Axel Hadenius
Publisher : Cambridge University Press
Page : 298 pages
File Size : 48,5 Mb
Release : 1997-08-28
Category : Political Science
ISBN : 0521573114
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Author : Tania Abbiate,Markus Böckenförde,Veronica Federico
Publisher : Routledge
Page : 318 pages
File Size : 44,8 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781351719643
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.
Author : Anonim
Publisher : Unknown
Page : 27 pages
File Size : 41,7 Mb
Release : 2012
Category : Constitutional law
ISBN : 9823390258
Author : Felix Petersen,Zeynep Yanasmayan,Zeynep Yanaşmayan
Publisher : Cambridge University Press
Page : 427 pages
File Size : 45,5 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108497626
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Author : Michele Brandt
Publisher : Unknown
Page : 369 pages
File Size : 51,5 Mb
Release : 2011
Category : Electronic
ISBN : 2839908719
Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 44,5 Mb
Release : 2008
Category : Constitutional conventions
ISBN : STANFORD:36105132918157
"This publication reflects on the voices of rural people in the ongoing constitutional reform and constitution making process in Zambia which was initiated by the late President Dr Levy Patrick Mwanawasa SC, in 2003. It addresses the concerns of the people who are often left out of organized governmental structures and elite dominated politics"--Preface.
Author : Laurel E. Miller,Louis Aucoin
Publisher : US Institute of Peace Press
Page : 737 pages
File Size : 42,7 Mb
Release : 2010
Category : History
ISBN : 9781601270559
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author : Owen Sichone
Publisher : Sapes Books
Page : 112 pages
File Size : 41,9 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105021668228
Six academics, including the distinguished Tanzanian law professor Issa Shivji, contribute papers to this critical study of the prospects of constitutionalism in some southern African states. The theme of the papers relates to a conference about the problems the state and constitutionalism pose for the process of democratisation in southern African. The papers are: The Constitution and the Democratisation Process in Malawi; Namibia's Constitution: Vision and Reality; Problems of Constitution-making as consenses-building: The Tanzanian Experience; The Constitution of Zambia: its Strengths and Weaknesses; and Electoral Procedures and Processes in Zimbabwe.
Author : Göran Hydén,Denis Venter
Publisher : Unknown
Page : 244 pages
File Size : 48,6 Mb
Release : 2001
Category : Political Science
ISBN : UOM:39015056514980
A collection of papers by legal and constitutional practitioners who assess the experiences of constitution making in Ethiopia, South Africa and Uganda: three countries on the African continent which for various reasons went through a constitutional review process in the early 1990s; and have since implemented new constitutional and laws - effectively a new political order. The essays are centred around three themes: the principle actors involved in the review process and why they were chosen; the principle mechanisms utilised to ensure conflict resolution and successful conclusion of the review process; and how need for a new constitution was legitimised and explained to the public, and to what extent these changes and processes of constitution making involved public and civil society participation. This book is aimed at academics and policymakers in the fields of African politics and constitutional law. It is further intended to provide experiences and lessons for other African countries where similar reviews of constitutions are anticipated or are already in progress.
Author : Ruth Rubio-Marín,Helen Irving
Publisher : Cambridge University Press
Page : 397 pages
File Size : 50,7 Mb
Release : 2019-03-28
Category : Law
ISBN : 9781108653367
That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.
Author : Andrew Arato
Publisher : Columbia University Press
Page : 376 pages
File Size : 54,5 Mb
Release : 2009
Category : Constitutional history
ISBN : 9780231143028
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
