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Making Constitutions in Deeply Divided Societies (Hardback)
  • Making Constitutions in Deeply Divided Societies (Hardback)
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Making Constitutions in Deeply Divided Societies (Hardback)

(author)
£72.00
Hardback 272 Pages / Published: 12/05/2011
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How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.

Publisher: Cambridge University Press
ISBN: 9781107005150
Number of pages: 272
Weight: 550 g
Dimensions: 228 x 152 x 18 mm


MEDIA REVIEWS
'In helping us to gain valuable insight into the constitutional politics of this activity, Hanna Lerner has provided us with an extremely important interpretive analysis that should become a staple of the literature of constitutional design.' Gary Jeffrey Jacobsohn, Tulsa Law Review
'... the great strength of this book is to compare and reflect on foundational constitutional moments with long-term (positive and negative) consequences for individual rights and group relations within these states.' Bill Kissane, Nations and Nationalism

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