Comparative Constitution Making
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Comparative Constitution Making

Edited by David Landau and Hanna Lerner

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field.
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Chapter 11: How constitutional crowdsourcing can enhance legitimacy in constitution making

Carlos Bernal

Abstract

This chapter assesses how constitutional crowdsourcing can enhance legitimacy in processes of constitution making and amending in stable democracies. Constitutional crowdsourcing gives rise to opportunities and challenges. It opens-up fresh possibilities for participation by individuals and groups previously excluded from constitution-making deliberation, expression of political preferences, and decisions. It may also increase autonomy, equality, and transparency. However, at the same time, these kinds of strategies create the challenge of establishing constraints for securing these possibilities and ensuring that the relevant agents engage in a meaningful way. Legitimacy qua justifiability about constitution-making processes depends on overcoming this challenge.

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