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Comparative Constitutional Studies

Between Magic and Deceit

Günter Frankenberg

Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.
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Chapter 7: Constituting against partition and fragmentation

Between Magic and Deceit

Günter Frankenberg

Extract

Fragmentation and partition represent two significantly distinct situations characterized by social division and territorial separation. They raise extraordinary constitutional challenges. Partition marks the condition of a de jure recognized society functioning de facto as two discrete societies organized as states. Fragmentation applies to internally dissociated, segmented or fragmented societies, widely discussed under the term deeply divided. This chapter deals with the variety of constitutional strategies to cope with or deny partition and fragmentation and discusses failed and successful models.

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