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Notes on Democracy and Constitution-Making

New Zealand Journal of Public and International Law, Vol. 9, No. 1, 2011

Victoria University of Wellington Legal Research Paper No. 21/2013

18 Pages Posted: 13 May 2011 Last revised: 6 Apr 2015

Joel I. Colón-Ríos

Victoria University of Wellington - Faculty of Law

Date Written: May 12, 2011

Abstract

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.

Keywords: democracy, constitution-making, popular participation, constituent assemblies

Suggested Citation

Colón-Ríos, Joel I., Notes on Democracy and Constitution-Making (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. Available at SSRN: https://ssrn.com/abstract=1839006

Joel I. Colón-Ríos (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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