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How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Democratic design is increasingly seen as the key to crafting stability in the fragile states of the developing world. Getting the democratic institutions right may not guarantee success but getting them wrong has led to violent collapse in many socially divided states. The Architecture of Democracy brings together both theory and case study evidence to provide the reader with an excellent overview of the cutting edge of academic debate and its practical implications for democratic design in the 21st century. The discipline of constitutional engineering reached maturity in the 1990s with theories of ethnic polarization and democratic conflict management being applied in trouble spots across the globe. Andrew Reynolds brings together the leading lights of the discipline to discuss the successes and failures of constitutional design. The two icons of modern constitutional design, Arend Lijphart and Donald Horowitz, lead off by debating their own contributions to the field. Then Olga Shvetsova, Timothy Frye, and José Antônio Cheibub, present important new evidence from Europe, the Central and Eastern Europe/Asia, and Latin America. Steven Solnick, Yash Ghai, Pippa Norris, and Rein Taagepera analyze the effects of presdential and parliamentary systems, issues of federalism and autonomy, and the varying impact of electoral systems. The book concludes with Brij Lal's case study of Fiji, Brendan O'Leary on Northern Ireland, Bereket Habte Selassie on Eritrea, William Liddle on Indonesia, Rotimi Suburu and Larry Diamond on Nigeria, and David Stuligross and Ashutosh Varshney on India. The Architecture of Democracy is the culmination of the study of constitutional engineering in the third wave of democracy and sets parameters for this crucial research as democracy diffuses across the world.
Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.
This paper is one of a series being prepared for the National Research Council's Committee on International Conflict Resolution. The committee was organized in late 1995 to respond to a growing need for prevention, management, and resolution of violent conflict in the international arena, a concern about the changing nature and context of such conflict in the post-Cold War era, and a recent expansion of knowledge in the field. The committee's main goal is to advance the practice of conflict resolution by using the methods and critical attitude of science to examine the effectiveness of various techniques and concepts that have been advanced for preventing, managing, and resolving international conflicts. The committee's research agenda has been designed to supplement the work of other groups, particularly the Carnegie Corporation of New York's Commission on Preventing Deadly Conflict, which issued its final report in December 1997. The committee has identified a number of specific techniques and concepts of current interest to policy practitioners and has asked leading specialists on each one to carefully review and analyze available knowledge and to summarize what is known about the conditions under which each is or is not effective. These papers present the results of their work.
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The establishment of durable, democratic institutions constitutes one of the major challenges of our age. As countless contemporary examples have shown, it requires far more than simply the holding of free elections. The consolidation of a legitimate constitutional order is difficult to achieve in any society, but it is especially problematic in societies with deep social cleavages. This book provides an authoritative and systematic analysis of the politics of so-called 'deeply divided societies' in the post Cold War era. From Bosnia to South Africa, Northern Ireland to Iraq, it explains why such places are so prone to political violence, and demonstrates why - even in times of peace - the fear of violence continues to shape attitudes, entrenching divisions in societies that already lack consensus on their political institutions. Combining intellectual rigour and accessibility, it examines the challenge of establishing order and justice in such unstable environments, and critically assesses a range of political options available, from partition to power-sharing and various initiatives to promote integration. The Politics of Deeply Divided Societies is an ideal resource for students of comparative politics and related disciplines, as well as anyone with an interest in the dynamics of ethnic conflict and nationalism.