Mechanisms for Resolving Divisive Issues in Constitutional Negotiations

Interpeace Working Paper Series

19 Pages Posted: 13 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Constitutional Transitions; Center for Global Constitutionalism, WZB Berlin Social Science Center

Nicholas Haysom

United Nations

Date Written: 2010

Abstract

Constitution making is a divisive process, and it must be so. In any healthy constitutional negotiation, issues will be brought to the table on which the interests of the negotiating parties diverge. Parties to constitutional negotiations are thus faced with the challenge of developing a final document in which each group within the nation can take pride and ownership, even though with respect to many divisive issues that group will not have obtained what it wanted. There can be no fool-proof algorithms for resolving divisive issues to achieve this end, but there are mechanisms with which every negotiation process should be equipped. This paper addresses mechanisms for resolving divisive issues in constitutional negotiations.

Suggested Citation

Choudhry, Sujit and Haysom, Nicholas, Mechanisms for Resolving Divisive Issues in Constitutional Negotiations (2010). Interpeace Working Paper Series. Available at SSRN: https://ssrn.com/abstract=3026054

Sujit Choudhry (Contact Author)

Center for Constitutional Transitions ( email )

HOME PAGE: constitutionaltransitions.org

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

Nicholas Haysom

United Nations ( email )

New York, NY 10017
United States

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