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Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.