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Mark Thomas and Lucy Cradduck

The authors explain their journey to the development of their Art, and draw together the theories and taxonomies into a whole. They conclude by presenting a case for the maintenance and development of mooting into the future, highlighting the impasses that must be overcome.

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Christopher Ansell and Martin Bartenberger

In this concluding chapter we briefly assess the outcomes of the study, reflect on its limitations and discuss elements of a possible future research agenda. The study identifies two different forms of political crisis management and sets out a broad set of building blocks and specifications that might serve as starting points for further research. While our systematic elaboration of the Pragmatist approach may provide a useful counterweight to the prevalent rationalism of crisis management advice, we also concede that a Pragmatist approach is particularly challenging for political crisis managers in the area of meaning making. Publicly admitting possible failures, emphasizing the uncertainty of decisions and inviting public debate and critique can be an extremely challenging task for political leaders. We conclude by reviewing a list of the empirical indicators for Pragmatist and principle-guided political crisis management identified in the course of the study. This list can be further refined, expanded and corrected in future research.

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Qiyan Wu, Anthony Perl, Jingwei Sun, Taotao Deng and Haoyu Hu

Qiyan Wu, Anthony Perl, Jingwei Sun, Taotao Deng and Haoyu Hu explore the development of the high speed rail (HSR) network in China and the associated impact on accessibility, mode choice and spatial structure. Cities that gain intercity connections through HSR have higher accessibility enhancements, such as Huzhou. Daily commuting catchments have increased, thus more cities are absorbed within the commuting catchments of the major cities such as Shanghai and Beijing. The city region expands to the scale of the supercity, representing a new scale of urban development and interaction.

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David Landau

This chapter surveys constitution making in Latin America since 1990. It classifies the nine constitution-making episodes in the region along two dimensions: (1) whether they were constrained or unconstrained by the existing constitutional order, and (2) whether they were drafted unilaterally or by a more consensual coalition of actors. An examination of recent regional constitution-making reveals that original constituent power theory, or the theory that the “people” retain the power to remake the constituted powers in the existing constitutional order, has played a major role in most recent exercises of constitution making. The main practical function of the doctrine has been to allow powerful political forces to remake their constitutional orders unilaterally, evading a need to negotiate with the opposition. Clarifying this function is useful for developing a practical rather than theoretical critique of the harm often done by constituent power theory, and for highlighting the desirability of alternative conceptions of constitution making. In many cases, reliance on replacement clauses found in existing constitutions themselves is likely to be a superior alternative.

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Joel Colon-Rios

During the late 18th and early 19th centuries, some constitutions were drafted and ratified in processes that had at their base meetings of neighbours in particular localities. Usually called primary assemblies, these local meetings facilitated practices inconsistent with the logic of representation, such as the preparation of instructions intended to bind the elected deputies. This chapter examines the ways in which primary assemblies figured in four historical constitution-making episodes: the creation of the first two French Constitutions (1791, 1793) and the subsequent creation of constitutions in Spain (1812) and Venezuela (1811). Through the analysis of these cases, we will see how the notion of primary assemblies as the main site of constituent activity, as well as the institution of citizen instructions, were replaced by a conception that attributed to local meetings of citizens the sole function of electing representatives considered capable of drafting a constitution. I then explore the ways in which primary assemblies, as well as a ‘soft’ version of the imperative mandate, could operate in contemporary constitution-making practices.

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Menaka Guruswamy

In this chapter we will examine constitution crafting processes adopted by the founding constituent assemblies of India, Pakistan and Nepal. The analysis of these three countries will show that constituent assemblies are most shaped by the dominant political party that has maximum presence at the time. Further, the methodology of crafting and the constitutional values arrived at reflects the culture and hierarchy of that political party. The constituent assemblies of India, Pakistan and Nepal illustrate different methodologies that either alienated or accommodated difference - ethnic, religious, linguistic - of minorities. India’s assembly at its founding was more successful. in not only completing its constitution, but also drawing in minorities into the political and constitutional milieu. While Pakistan concerted effort to hammer down a constitutional and national identity that constitutionally privileged Urdu speaking West Pakistanis contributed to the second partition of the country that would follow two decades later. Nepal’s constitution project must be appreciated for what it did accomplish initially - the dissolution of an overbearing monarchy, and the drawing into polity formed rebellious movements and historically alienated ethnicities. To that extent it has accommodated political and ethnic differences. Yet, protracted and incomplete constitution crafting coupled with divisive politics have taken their toll - and it remains to be seen whether Nepal will either built on its accommodative constitutional founding or veer towards a more alienating constitutionalism.

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Chris Thornhill

This chapter argues that it is not strictly accurate to identify a distinctive European tradition of constitution making. Instead, it claims that constitutions were created in European societies in different waves of constitution making, in which very different patterns of public order were projected. Overall, the basic narrative of European constitutionalism can be seen as a series of recurrent attempts to process the legitimational claims of revolutionary constitutionalism, and especially to articulate, in manageable legal form, the revolutionary claim that a constitution must ensure that the will of the people, as constituent power, forms the basic foundation of the polity. In different periods, this basic legitimational construct was either suppressed, or it proved very unsettling for the polities in which it was expected to gain expression. Over a longer period of time, this principle was translated into a constitutional model, in which the constituent power was located in a transnational normative domain, and external norm providers and human rights conventions assumed the primary norm-defining functions classically imputed to the constituent power.

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Melissa Crouch

In this chapter I consider contemporary constitution-making efforts across Southeast Asia. I explore the process of constitution making and the forms and extent of public involvement across constitution making under UN administration (East Timor and Cambodia); under military rule (Thailand and Myanmar); under democratic transition (Indonesia and Philippines) and under dominant party rule (Singapore, Malaysia). I focus on two forms of constitution-making in Southeast Asia: drafting a new constitution, and constitution making via formal constitutional amendment. The political conditions under which constitution making takes place influences the legitimacy of any public participation, and the history of participation in constitution making affects the extent of participation in present efforts at reform. Although various forms of public participation have been employed, there have often been serious concerns raised as to the freedoms of individuals to participate and the perceived legitimacy of the final outcome. The region of Southeast Asia requires us to reexamine the actual conditions or prerequisites for genuine participation in constitution making.

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Heinz Klug

With the end of the Cold War constitution making became the dominant process in both conflict resolution and political change in nations across the globe. This raises an important question. Is constitution-making predominantly a process of design in which the choices made will determine the future of a particular polity or does a constitution-making process merely reflect the consolidation of a process of social transformation that is already underway? To explore this relationship, between social transformation and constitution-making this chapter adopts two strategies. First, it will consider the underlying assumption that constitution-making is an act of rational design. While understanding that the drafting of a constitution serves to design a system of power and governance, the chapter argues that the social context in which these processes proceed overshadow any single conception of rational design. Instead, it suggests there is a continuing relationship between the drafting of a formal constitutional document and the underlying material constitution, reflecting processes of social transformation through path dependency, negotiation, participation and the shaping of constitutional imaginations. Second, the chapter relies upon a close examination of constitution-making in South Africa’s democratic transition to demonstrate these various processes.

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Joanne Wallis

Reflecting on the contrary experiences of Timor-Leste and Bougainville, an autonomous region of Papua New Guinea (PNG), this chapter considers the role that constitution making can play in building new states. It begins by outlining the role that constitution making can play in state-building. It then synthesizes the literature on deliberation, discursive participation and public participation in constitution making to demonstrate the importance of public participation in constitution-making and addresses skepticism about its role. To provide context for the empirical comparison it then outlines the background to constitution-making and state-building in Timor-Leste and Bougainville, and analyses the role that public participation in constitution making has played in state-building in the two cases. Based on this comparison, this chapter concludes by arguing that constitution making can play a positive role in state-building, although this will depend upon the level of public participation involved. Participation can be measured along a continuum. At one extreme, participation is minimal and the constitution is made by local elites or imposed by an external force, or there are opportunities for participation but the outcomes have little impact on the resulting constitution. In these circumstances, the Timor-Leste case illustrates that this is unlikely to play a positive role. At the other extreme, there is extensive public participation, in which there is widespread public consultation and genuine opportunities for their feedback to shape the future constitution. The Bougainville case suggests that this is likely to play a positive role. Therefore, the higher the level of public participation in constitution making, the more likely it will play a positive role in state-building, by fostering a sense of political community and by producing a constitution that enhances the legitimacy and effectiveness of state institutions.