Notes on Democracy and Constitution-Making
Joel I. Colón-Ríos
Victoria University of Wellington - Faculty of Law
May 12, 2011
New Zealand Journal of Public and International Law, Vol. 9, No. 1, 2011
Victoria University of Wellington Legal Research Paper No. 21/2013
This article explores the relationship between democracy and constitution-making. It begins by advancing the view that constitution-making, given its episodical nature, makes possible the use of certain procedures and mechanisms that cannot be generally used in the context of daily governance, even though they appear to have a strong democratic pedigree. After establishing the general approach to democracy and constitution-making in which the article rests, the author examines the legal and political practices that make the act of creating a new constitution consistent with basic democratic principles. In so doing, it develops a set of criteria that must be met for a constitution-making episode to be considered democratic.
Number of Pages in PDF File: 18
Keywords: democracy, constitution-making, popular participation, constituent assemblies
Date posted: May 13, 2011 ; Last revised: April 6, 2015
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