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Participatory Constitutional Change

Participatory Constitutional Change
Author: Xenophon Contiades
Publisher: Taylor & Francis
Total Pages: 225
Release: 2016-10-04
Genre: Law
ISBN: 131708389X

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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.


Democratic Constitution Making

Democratic Constitution Making
Author: Vivien Hart
Publisher:
Total Pages: 12
Release: 2003
Genre: Constitutional law
ISBN:

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Practical Considerations for Public Participation in Constitution-Building What, When, How and Why?

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)
Total Pages: 66
Release: 2021-07-26
Genre: Political Science
ISBN: 917671439X

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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.


The Veil of Participation

The Veil of Participation
Author: Alexander Hudson
Publisher: Cambridge University Press
Total Pages: 241
Release: 2021-05-06
Genre: Law
ISBN: 1108840078

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


Routledge Handbook of Comparative Constitutional Change

Routledge Handbook of Comparative Constitutional Change
Author: Xenophon Contiades
Publisher: Routledge
Total Pages: 469
Release: 2020-06-11
Genre: Law
ISBN: 1351020978

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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.


Distrusting Democrats

Distrusting Democrats
Author: Devra C. Moehler
Publisher: University of Michigan Press
Total Pages: 266
Release: 2008
Genre: History
ISBN: 9780472069934

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American Indian Constitutional Reform and the Rebuilding of Native Nations

American Indian Constitutional Reform and the Rebuilding of Native Nations
Author: Eric D. Lemont
Publisher: University of Texas Press
Total Pages: 361
Release: 2009-08-17
Genre: Social Science
ISBN: 0292778074

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Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development. This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.


Deliberative Constitution-making

Deliberative Constitution-making
Author: Min Reuchamps
Publisher: Taylor & Francis
Total Pages: 239
Release: 2023-08-31
Genre: Political Science
ISBN: 1000955249

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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.


Public Participation in African Constitutionalism

Public Participation in African Constitutionalism
Author: Tania Abbiate
Publisher: Routledge
Total Pages: 478
Release: 2017-11-22
Genre: Political Science
ISBN: 1351719645

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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.