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Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati
Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati
Southern African Journal of Policy and Development
Though participatory constitution making processes in post-conflict states and in states transitioning from authoritarian rule have become a new trend, scholarly research has yet to approach the notion of participation in a sharp and distinct way. In this article, I develop a novel approach for differentiating participation in constitution making, depending on the extent of influence that participants are granted, illustrating this reasoning with eight empirical cases from the African continent.
The Seeds Of Change: Popular Protests As Constitutional Moments, Juliano Zaiden Benvindo
The Seeds Of Change: Popular Protests As Constitutional Moments, Juliano Zaiden Benvindo
Marquette Law Review
Bruce Ackerman’s influential theory of “dualist democracy” posits that in American history some extraordinary moments of constitution- making are “constitutional moments,” distinguishable from other periods of ordinary lawmaking. What is missing from the Ackermanian account of constitutional moments, however, is a deeper appreciation of the nature of popular protests, specifically that they may sometimes constitute the core of a constitutional moment, but on other occasions, they may serve as a very different inflection point in the evolution of a constitutional democracy. Up until now, the legal literature has not devoted much attention to such application of Ackerman’s theory. In this …
Nepal And Bhutan In 2009: Transition Travails?, Mahendra Lawoti
Nepal And Bhutan In 2009: Transition Travails?, Mahendra Lawoti
Political Science Faculty Publications
Democratic transitions in Nepal and Bhutan ran into challenges in 2009. The integration of Maoist combatants, polarization among political parties, increasing ethnic assertion, and mushrooming armed groups have delayed constitution writing in Nepal and led to political instability. In Bhutan, societal assertion against limited rights and discrimination is increasing.
The Making Of A Constitution In Afghanistan, J. Alexander Thier
The Making Of A Constitution In Afghanistan, J. Alexander Thier
NYLS Law Review
No abstract provided.
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
NYLS Law Review
No abstract provided.
Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Vanderbilt Journal of Transnational Law
This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …
Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain
Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain
Faculty Scholarship
This article looks at a topic that has received little attention in the legal literature: constitution making by families. Of what interest is it to constitutional law and family law, and to those interested in the state of the family, that families undertake to draft - and are urged by assorted experts on the family to draft - family constitutions (by analogy to the U.S. constitution) and family mission statements (by analogy to corporate mission statements)? This article contends that this reported trend is a fruitful topic of inquiry, since it bears on important questions about the dynamics of family …