Practical Considerations For Public Participation In Constitution Building What When How And Why
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Practical Considerations for Public Participation in Constitution-Building What, When, How and Why?
Author: Erin C. Houlihan and Sumit Bisarya
language: en
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Release Date: 2021-07-26
Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.
The Veil of Participation
Author: Alexander Hudson
language: en
Publisher: Cambridge University Press
Release Date: 2021-05-06
Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.
Building the Constitution
Author: James Fowkes
language: en
Publisher: Cambridge University Press
Release Date: 2016-12-15
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.