Constitution-Making and Political Settlements in Times of Transition

Global Constitutionalism, special section, 2017 Forthcoming

Edinburgh School of Law Research Paper No. 2016/23

129 Pages Posted: 12 Oct 2016 Last revised: 8 Nov 2016

See all articles by Christine Bell

Christine Bell

University of Edinburgh - School of Law

Charmaine Rodrigues

University of Edinburgh

Silvia Suteu

University College London - Faculty of Laws

Tom Daly

Melbourne Law School

Jenna Sapiano

Monash Gender, Peace & Security

Date Written: October 10, 2016

Abstract

This special section is an output of the Political Settlement Research Programme – PSRP. The PSRP examines how to use peace processes to create inclusive and open political settlements. This special issue addresses in particular constitution-making and political settlements in times of transition. We consider how constitutional design and adjudication must be understood to have a specific political role in constructing and enabling a political settlement, as in the shared understandings as to how power is to be held and exercised, that forms the political constitution which the constitution attempts to institutionalised. We collectively argue that traditional constitutional devices have to be understood as operating differently in times of transition where the constitution plays a very constructivist role with respect to the forming of agreement, rather than reflecting prior agreement.

Keywords: political settlement, constitution-making, post-conflict, democratisation, transition

Suggested Citation

Bell, Christine and Rodrigues, Charmaine and Suteu, Silvia and Daly, Tom and Sapiano, Jenna, Constitution-Making and Political Settlements in Times of Transition (October 10, 2016). Global Constitutionalism, special section, 2017 Forthcoming; Edinburgh School of Law Research Paper No. 2016/23. Available at SSRN: https://ssrn.com/abstract=2850530

Christine Bell (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom
00441316502012 (Phone)

HOME PAGE: http://www.law.ed.ac.uk/staff/christinebell/

Charmaine Rodrigues

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, Scotland EH8 9JY
United Kingdom

Silvia Suteu

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Tom Daly

Melbourne Law School ( email )

Melbourne Law School
185 Pelham Street
Melbourne, VIC 3053
Australia

HOME PAGE: http://https://law.unimelb.edu.au/about/staff/tom-daly

Jenna Sapiano

Monash Gender, Peace & Security ( email )

Clayton Victoria, 3800
Australia

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