Public Participation in Constitution Making

Session Submission Type: Full Paper Panel

Session Description

Constitution-making processes are a vital moment in the political history of many states, often taking place during a democratic transition or period of post-conflict reconstruction. Across regions and political contexts, there has been a clear trend toward increased citizen involvement in all stages of the constitution-making process. This panel explores the effects of such public participation in constitution-making processes in terms of the quality of democracy, the constitution's congruence with public opinion, and the kinds of rights that the constitution protects. The papers cover a broad range of case studies, with a particular focus on developing countries. Questions addressed include: What is the impact of public participation on democracy? What matters more, participation or group inclusion? Does public participation directly impact the constitutional text? Do constitutions drafted in participatory processes tend to protect minority rights, or do they tend to favor the interests of majorities? What is the role of international advisers? Do technocratic or political concerns override popular demands? As a group, the four papers provide a holistic assessment of the effects of public participation in constitution-making processes.

Sub Unit

• DIVISION 27: Constitutional Law and Jurisprudence

Individual Presentations

• Being There is Half the Battle: Inclusion, Constitution-Writing and Democracy - Tofigh Maboudi, Loyola University Chicago; Todd A. Eisenstadt, American University

• How the Process of Making a Constitution Affects the Distribution of Rights - Anna Fruhstorfer, Humboldt University of Berlin; Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity

• Technocratic, Representative and Democratic Constitution-Making in Kenya - Abrak Saati, Department of Political Science, Umeå University

• Potemkin Village Meetings: Public Participation in Constitution Making - Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity

Chair

• Mark Tushnet

Discussant

• Carl LeVan American University-SIS