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This book analyzes United Nations (UN) interventions in the process of constitution making in states undergoing political change. It combines theoretical considerations of democracy and constitutionalism with empirical experiences and takes a critical perspective on the interventions developed by the United Nations in the processes of re-democratization. Presenting new empirical evidence on the substantive and procedural way in which the UN undertakes constitution building in Cambodia, Bosnia and Herzegovina, Afghanistan, and East Timor, the book illustrates difficulties of these practices such as the promotion of popular participation, as well as an increasing Westernization, and to meet local needs. In consequence, the authors call for reforms of the actions and structural methods the UN to better align a legitimate constitutional order with the rule of law and democratic values. This book is aimed at scholars and students of politics and law who are interested in the prerequisites and conditions for further democratization in states undergoing political transformation.
Table des matières
Chapter 1. Introduction.- Chapter 2. Democracy in Contemporaneity: Building Identity.- Chapter 3. Construction of an Environment that Maintains Democracy Through Democratic Constitutionalism.- Chapter 4. The Role of the UN in the Consolidation of Democracy and the Constitution- Making.- Chapter 5. A Constitution-Making Analysis from the UN Intervention: The Difficulties of Materialization of the Constitutionalism of Transition and Transformation.- Chapter 6. Hybrid Constituent Power as a Subcategory of the Original Constituent Power.- Chapter 7. Case Study of the UN Intervention in the Political-Legal Structure of the East Timor.- Chapter 8. Conclusion.
A propos de l'auteur
Carina Barbosa Gouvêa is Professor of the Postgraduate Program in Law at the Federal University of Pernambuco (PPGD / UFPE), Postdoctorate in Constitutional Law of Federal University of Pernambuco (PPGD / UFPE) and Ph.D. and Master in Law of UNESA, and is Coordinator of the Study and Research Group Theory of the Separation of Powers and Crisis of the Brazilian Democratic System linked to PPGD/UFPE.
Pedro Hermílio Villas Bôas Castelo Branco is Professor at the Institute of Social and Political Studies at the State University of Rio de Janeiro (IESP-UERJ), Professor at the Law Graduate Program at the Veiga de Almeida University (PPGD / UVA), Doctor in Political Science of past IUPERJ current IESP-UERJ, Master in Law of PUC-Rio, and Coordinator of the Laboratory for Political Studies on Defense and Public Security (LEPDESP).
