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Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
List of contents
1. Introduction: Constitution makers on constitution making Tom Ginsburg and Sumit Bisarya; 2. Making and remaking Kenya's constitution Christina Murray; 3. Kosovo's Independence constitution: A Unilateral commitment to an internationalized pouvoir constituant Gresa Caka; 4. Decisions deadlocks and deadlines in making South Africa's constitution Hassen Ebrahim; 5. Tunisia's constitution: Drafting in a context of revolution and counter-revolution (2011-2014) Mabrouka M'Barek; 6. Nepal's constitutional development and the challenges of constitution making Jeetendra Dev; 7. The constituent process in Ecuador Norman Wray with Jacob Hamburger; 8. Burundu: The search for constitutional peace Didace Kiganahe.
Summary
Using case studies from countries with recently written constitutions, this volume offers a common framework for the constitution-making process, summarizes drafting trends, and highlights important lessons for constitution makers. The framework helps us understand how constitutions are written from the perspective of those directly involved.
