Making Constitutions in Deeply Divided Societies

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Release : 2011-05-12
Genre : Law
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Book Rating : 921/5 ( reviews)

Making Constitutions in Deeply Divided Societies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Making Constitutions in Deeply Divided Societies write by Hanna Lerner. This book was released on 2011-05-12. Making Constitutions in Deeply Divided Societies available in PDF, EPUB and Kindle. 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.

Constitutional Processes and Democratic Commitment

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Release : 2021-01-01
Genre : Political Science
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Book Rating : 369/5 ( reviews)

Constitutional Processes and Democratic Commitment - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Processes and Democratic Commitment write by Donald L. Horowitz. This book was released on 2021-01-01. Constitutional Processes and Democratic Commitment available in PDF, EPUB and Kindle. From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing 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 them. 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. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.

Comparative Constitution Making

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Release : 2019
Genre : Law
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Book Rating : 266/5 ( reviews)

Comparative Constitution Making - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Constitution Making write by David Landau. This book was released on 2019. Comparative Constitution Making available in PDF, EPUB and Kindle. 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}

A Democratic South Africa?

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Release : 1992-05-01
Genre : History
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Book Rating : 857/5 ( reviews)

A Democratic South Africa? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Democratic South Africa? write by Donald L. Horowitz. This book was released on 1992-05-01. A Democratic South Africa? available in PDF, EPUB and Kindle. Una reproducción digital está disponible en E -Editions, una colaboración de la Universidad de California Press y el programa eScholarship de la Biblioteca Digital de California.

Constitution Making during State Building

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Release : 2014-09-15
Genre : Law
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Book Rating : 083/5 ( reviews)

Constitution Making during State Building - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitution Making during State Building write by Joanne Wallis. This book was released on 2014-09-15. Constitution Making during State Building available in PDF, EPUB and Kindle. How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.