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Evaluating movement constitutionalism in constitutional change and democratization

Mon, August 12, 2:30 to 3:30pm, Sheraton New York, Floor: Second Floor, Empire Ballroom East

Abstract

How can democracy movements most effectively engage in processes of constitutional change? This paper begins to address that question by considering four strategic stages of movement constitutionalism - expressive, institutionalist, reform, and revolutionary - as potentially necessary or sufficient causal conditions for democratization. I conceptualize “movement constitutionalism” as social movement practices that articulate agendas for constitutional change. Relying on a mixed methods approach that includes a crossnational time series analysis of constitutional change and democratization in 244 countries, a qualitative comparative analysis of democracy movements and constitutionalization in 63 countries, and ethnographic research analyzing the constitutionalist politics of pro-democracy activists, I find that preparation matters in movement success. Social movements for democracy that develop more radical, comprehensive, and clearly articulated agendas for constitutional change are better prepared to instigate and participate in formal constitutionalization processes. These findings resonate with other recent research that shows that popular participation in the initiation, deliberation, and ratification of new constitutions is more likely to lead to substantive democratization than top-down approaches to constitutionalization. Altogether, this new popular direction in the study of constitutionalism points to the need for greater engagement between social movement and constitutional scholars.

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