Making constitutions in deeply divided societies [electronic resource] / Hanna Lerner.

Making constitutions in deeply divided societies [electronic resource] / Hanna Lerner.

9781139101677 electronic book
1139101676 electronic book
9781107005150
1107005159

Cambridge ; New York : Cambridge University Press, 2011.

English

1 online resource (ix, 262 p.)

9786613341891

K3165 .L445 2011eb

342.02

"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"-- Provided by publisher.

Includes bibliographical references (p. 235-257) and index.

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