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Product details:
- ISBN 13: 9781316998748
- Author: Jon Elster
Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.
Table of contents:
1 – Constitution Making in the Context of Plural Societiespp 13-30
2 – Constituent Assemblies in Democratic Regimespp 31-56
3 – Constituent Assemblies and Political Continuity in Divided Societiespp 57-78
4 – Constituent Assembly Failure in Pakistan and Nepalpp 79-108
5 – Precautions in a Democratic Experimentpp 109-137
6 – A Race against Timepp 138-160
7 – Chain of Legitimacypp 161-185
8 – Constitution Making and Legislative Involvement in Government Formationpp 186-206
9 – The Political Psychology of Constitution Making
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