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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Constitution-Making During State-Building

ISBN13: 9781107666658
Published: August 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £27.99
Hardback edition , ISBN13 9781107064713

Despatched in 6 to 8 days.

How can fragmented and divided societies that are not immediately compatible with centralised statehood best adjust to state structures?

This book argues that the answer to this question rests in part on the role that constitution making can play in state building. This book is an exercise in both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. Public participation can help to foster a sense of political community and to produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones.

This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.

Constitutional and Administrative Law
Part I. Normative Justification for Participatory Constitution Making:
1. The normative justification
2. A constituent process

Part II. Minimal Participation in Timor-Leste:
3. State building and constitution making in Timor-Leste
4. Constituent power in Timor-Leste
5. Constituted power in Timor-Leste

Part III. Extensive Participation in Bougainville:
6. State building and constitution making in Bougainville
7. Constituent power in Bougainville
8. Constituted power in Bougainville

Part IV. Evidence for and against Participatory Constitution Making:
9. Comparing the constitution-making processes
10. Role in state building.