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It examines the wave of constitutions following the Arab Spring, considering when constitutional bargains are likely to yield democracy.
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 volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, ...
This dissertation project studies whether and how citizen involvement in decision-making processes affects transition toward democracy. Utilizing a mixed-methods approach consisting of cross-national statistical analysis, content analysis, public opinion survey, and comparative case studies of Morocco, Egypt, and Tunisia, this study focuses on citizen participation in constitution-making process and its impact on three distinct outcomes. First, it evaluates whether citizen participation improves political stability by increasing the stability and durability of constitutions. Second, it explores whether this participation has any democratizing effect by showing whether and to what degree it improves the democratic content of constitutions. And finally, this study shows whether and to what extent participation creates support for democracy by creating a constituency of citizens who are willing to support and enforce the terms of the constitution.
Private corporations are rarely discussed as playing a role in efforts to curb civil violence, even though they often have strong interests in maintaining stability. Violence often damages the infrastructure necessary to deliver goods to market or may directly target companies. Corporations also have a normative obligation to conduct business in ways that promote peace. While there are historical examples of firm-instigated violence and firms reaping benefits from instability and conflict, there is also evidence that corporations proactively engage in peacebuilding. For example, firms devise programs to promote economic development, offer access to education, and employ former combatants. In...
This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the c...
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--