Author : PSRP Category : global-justice-academy, publications, impact
‘Constitution-Making and Political Settlements in Times of Transition’ features the following articles:
- Christine Bell, ‘Bargaining on Constitutions: Political Settlementsand Constitutional State-building’, Edinburgh School of Law Research Paper No. 23 (2016).
- Charmaine Rodrigues, ‘Letting off Steam: Interim Constitutions as a Safety Valve to the Pressure-Cooker of Transitions in Conflict-Affected States?’, Edinburgh School of Law Research Paper No. 23 (2016).
- Silvia Suteu, ‘Eternity Clauses in Post-Conflict and Post-Authoritarian Constitution-Making: Promise and Limits’, Edinburgh School of Law Research Paper No. 23 (2016).
- Tom Gerald Daly, ‘The Alchemists: Courts as Democracy-Builders in Contemporary Thought’, Edinburgh School of Law Research Paper No. 23 (2016).
- Jenna Sapiano, ‘Courting Peace: Judicial Review and Peace Jurisprudence’, Edinburgh School of Law Research Paper No. 23 (2016).
The articles contribute to our Peace-Processes theme as part of the Political Settlements Research Programme.
From the authors:
This special issue addresses in particular constitution-making and political settlements in times of transition. We consider how constitutional design and adjudication must be understood to have a specific political role inconstructing and enabling a political settlement, as in the shared understandings as to how power is to be held and exercised, that forms the political constitution which the constitution attempts to institutionalised. We collectively argue that traditional constitutional devices have to be understood as operating differently in times of transition where the constitution plays a very constructivist role with respect to the forming of agreement, rather than reflecting prior agreement.
All articles will also appear in a special section of Global Constitutionalism (2017).