By Tom Ginsburg, Aziz Huq
From London to Libya, from Istanbul to Iceland, there's nice curiosity between comparative constitutional students and practitioners approximately while a proposed structure is probably going to be successful. yet what does it suggest for a structure to prevail? Are there common standards of luck, and which follow around the board? Or, is the alternative of standards totally idiosyncratic? This edited quantity takes at the concept of constitutional good fortune and exhibits the manifold ways that it may be understood. It collects essays from philosophers, political scientists, empiricists and felony students, that strategy the definition of constitutional good fortune from many various angles. It additionally brings jointly case stories from Africa, Europe, Latin the USA, the center East and Asia. via exploring a diversified array of constitutional histories, this booklet indicates how advanced principles of constitutional luck play out another way in numerous contexts and offers examples of ways good fortune should be another way outlined less than assorted situations.
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Intermediating institutions such as parties, unions, religious organizations) can play a role in mediating conflict, as the recent bestowal of a Nobel Peace Prize on the Tunisian National Dialogue Quartet reminds us. Quite apart from the value of state mediation of potentially violent social conflict when civil society is weak, it seems unlikely that informal institutions can play a mediating role consistently and stably across time. Again, there is no necessary linkage in practice between constitutional creation and the mitigation of serious political conflict.
Quite apart from the results of constitution-making, which generated discord in the Nepali case, the form of constitution-making process also matters. For example, Landau (2013) has developed an important and penetrating analysis of how constituent assemblies in Latin America have been recently exploited, for example, by the Chavez government to consolidate power in Venezuela in a way that engendered sharp division. In the same work, he also identifies a similar dynamic in the Bolivian context.
Drawing on the work of famed Argentinian jurist Juan Bautista Alberdi, he proposes an approach that is primarily attentive to the threshold “dramas,” or problems, confronted by constitution-makers. He then illustrates this method with examples drawn widely in time and space within the Americas. Finally, Martin Shapiro offers a challenge to the measurement and assessment of success by raising the issue of political parties, which are both produced by but also interact with formal institutions to provide the lifeblood of constitutional action.