Patterns of Constitutional Design: The Role of Citizens and Elites in Constitution-Making

by Fernando Mendez, Jonathan Wheatley

Overview

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.

Product Details

ISBN-13:	9781472407757
Publisher:	Ashgate Publishing Ltd
Publication date:	09/28/2013
Sold by:	Barnes & Noble
Format:	eBook
File size:	19 MB
Note:	This product may take a few minutes to download.

About the Author

Dr Jonathan Wheatley is a senior researcher at the Centre for Research on Direct Democracy. He is also lecturer at the University of Zurich and the Swiss Federal Institute of Technology at Zurich. Dr Wheatley's research interests include democratization, state-building, parties and party systems in developing democracies and the impact of new forms of media and information communication technologies on party systems in established democracies. In addition to publishing a number of scholarly articles, Wheatley has also published a book entitled Georgia from National Awakening to Rose Revolution: Delayed Transition in the Former Soviet Union (Ashgate, 2005),

Dr Fernando Mendez is a Senior Researcher at the Centre for Research on Direct Democracy and Director of the e-Democracy centre, both based at the University of Zurich. He has been a Lecturer in Political Science on the Masters Programme at the University of Zurich and the Swiss Federal Institute of Technology since 2007. Dr. Mendez holds a PhD in Political Science from the European University Institute, Florence. He has led various projects funded by the Swiss National Science Foundation on aspects of direct democracy and constitutional change. Dr. Mendez's academic interests include direct democracy, comparative federalism, European integration, and comparative public policy.

Andreas Auer, Fernando Mendez, Jonathan Wheatley, Micha Germann, Yanina Welp, Nina Massüger Sánchez Sandoval, Ana Tornic.

Table of Contents

Contents: Prologue: constitutional conventions, constitutional change and democracy, Andreas Auer; Introduction, Fernando Mendez and Jonathan Wheatley; Part 1 Theoretical Framework: The constitution-making process: an analytical framework, Fernando Mendez and Jonathan Wheatley; Patterns of constitution-making over time and space, Fernando Mendez and Jonathan Wheatley; Outcomes of constitution -making: democratization and conflict resolution, Jonathan Wheatley and Micha Germann. Part 2 Case Studies: Constitution-making in West Africa: keeping the president in check, Jonathan Wheatley; Transitions from above: the constitution-making process and the consolidation of democracy. The cases of Spain, Brazil and Poland, Yanina Welp; Legality and legitimacy: constituent power in Venezuela, Bolivia and Ecuador, Nina Massüger Sánchez Sandoval and Yanina Welp; Constituent assemblies in Swiss cantons, Ana Tornic and Nina Massüger Sánchez Sandoval; Popular input, territoriality, and the constitution-making process: comparative reflections on the European Union’s supranational experience, Fernando Mendez; Conclusion, Jonathan Wheatley; Bibliography; Index.