ABSTRACT

To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

chapter |4 pages

Introduction

part 1|62 pages

Theoretical Framework

chapter 1|15 pages

Chapter 1: The Constitution-Making Process

An Analytical Framework

chapter 3|18 pages

Chapter 3: Outcomes of Constitution-Making

Democratization and Conflict Resolution

part 2|98 pages

Case Studies

chapter 4|19 pages

Chapter 4: Constitution-Making in West Africa

Keeping the President in Check

chapter 5|16 pages

Chapter 5: Transitions from Above

The Constitution-Making Process and the Consolidation of Democracy. The Cases of Spain, Brazil and Poland

chapter 6|16 pages

Chapter 6: Legality and Legitimacy

Constituent Power in Venezuela, Bolivia and Ecuador

chapter 8|16 pages

Chapter 8: Popular Input, Territoriality, and the Constitution-Making Process

Comparative Reflections on the European Union's Supranational Experience

chapter 9|4 pages

Chapter 9: Conclusion