Constitutional Processes and Democratic Commitment
Donald L. Horowitz
Abstract
The process of making a new constitution often begins in conditions that are not optimal for careful consideration of the process of constitution making and its objectives. Emphasizing the need for a process that maximizes chances for a democratic outcome, this book makes a case for processes that are inclusive, deliberative, and oriented toward achieving consensus rather than merely negotiated outcomes. The book focuses attention on politicians who participate in creating new constitutions. It discusses methods for selecting them, modes of organizing the deliberating and drafting bodies, thei ... More
The process of making a new constitution often begins in conditions that are not optimal for careful consideration of the process of constitution making and its objectives. Emphasizing the need for a process that maximizes chances for a democratic outcome, this book makes a case for processes that are inclusive, deliberative, and oriented toward achieving consensus rather than merely negotiated outcomes. The book focuses attention on politicians who participate in creating new constitutions. It discusses methods for selecting them, modes of organizing the deliberating and drafting bodies, their standards of decision making, their ways of connecting to the public, and their use of outside advice—all with a view to enhancing the commitment of the participants after the process concludes. Beginning with an enumeration of unpropitious conditions and ways of mitigating them, the chapters provide illustrations of processes that have been relatively successful and others that have gone astray, drawing on an array of country-focused accounts. The volume also identifies characteristic problems, tradeoffs, and pitfalls that can arise in the course of constitution making. The book aims to provide arguments, evidence, and descriptions that will appeal to a wide audience, ranging from curious non-specialist readers to students, experts, and constitution makers and advisors alike.
Keywords:
compromise,
consensus,
deliberation,
democratic commitment,
inclusion
Bibliographic Information
Print publication date: 2021 |
Print ISBN-13: 9780300254365 |
Published to Yale Scholarship Online: January 2022 |
DOI:10.12987/yale/9780300254365.001.0001 |