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When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
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.
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.