By Hanna Lerner
How can societies nonetheless grappling over the typical values and shared imaginative and prescient in their kingdom draft a democratic structure? this can be the significant puzzle of constructing Constitutions in Deeply Divided Societies. whereas such a lot theories talk about constitution-making within the context of a second of innovative switch, Hanna Lerner argues that an incrementalist method of constitution-making can permit societies riven via deep inner disagreements to both enact a written structure or functionality with an unwritten one. She illustrates the method of constitution-writing in 3 deeply divided societies - Israel, India and eire - and explores a few of the incrementalist concepts deployed through their drafters. those contain the avoidance of transparent judgements, using ambivalent felony language and the inclusion of contrasting provisions within the structure. Such concepts enable the deferral of arguable offerings in regards to the foundational features of the polity to destiny political associations, therefore allowing the structure to mirror a divided id.
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Additional resources for Making Constitutions in Deeply Divided Societies
Pre-constitutional consensus Constitutions are rarely, if ever, written on a clean slate. They identify and formalize the most fundamental beliefs, norms, values and aspirations of the political collectivity. Despite the many differences between the nationstate and liberal constitutional paradigms, both are characterized by the Stephen Tierney, Constitutional Law and National Pluralism (Oxford University Press, 2004). 39 Three paradigms of democratic constitutions 27 need for pre-constitutional societal consensus regarding shared norms and values that underpin the state.
33 Israel’s Knesset Records 1950: 812, 1267. ix: 1315, vol. vii: 543. 34 Richard Bourke, Peace in Ireland: The War of Ideas (London: Pimlico, 2003). 35 Second, drafting a new constitution is itself an opportunity for radical societal change.
2 (1998): 279. 28 But electoral rules are not an appropriate tool to address conflicts between competing perspectives on the character of the state, where the conflicting camps wish to imprint their vision in state symbols and national emblems – for example, when the conflict is over the wording of the constitution, whether it should include a reference to God. , Autonomy and Ethnicity: Negotiating Competing Claims in MultiEthnic States (Cambridge University Press, 2000). ” 27 This is notable, for example, in Lijphart’s recent article “Constitutional Design in Divided Societies,” which lists a number of institutional recommendations regarding electoral systems and the structure of the executive and legislative branches, yet ignores issues related to the normative and symbolic elements of the constitution.