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A Dialogical-Republican Revival: Respect-Worthy Constitutionalism In Post-Conflict Northern Ireland, South Africa, And Southern Philippines, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design and negotiation for deeply divided societies in post-conflict settings. It argues in favor of the adoption and application of what might be termed as the “dialogical” model of democratic constitutionalism as opposed to the “enforcement” model which characterizes much of contemporary legal ordering. In discussing their features, the Article charts a normative apparatus for making the constitutional choice between the two, and, thereafter, it tests theory into practice by undertaking a comparative analysis of what might well be successful policymaking and constitution-making practices in Northern Ireland and South Africa. The findings show …