Introduction to Comparative Constitution Making: The State of the Field

In Elgar Handbook of Comparative Constitution Making (David Landau & Hanna Lerner, eds., Forthcoming 2019) (Edward Elgar Press)

FSU College of Law, Public Law Research Paper No. 909

25 Pages Posted: 16 Jul 2019

See all articles by Hanna Lerner

Hanna Lerner

School of Political Science, Government and International Affairs, Tel Aviv University

David Landau

Florida State University - College of Law

Date Written: June 2019

Abstract

This introduction to the Elgar Handbook of Comparative Constitution Making briefly lays out some of the most important recent debates in a burgeoning field. Part 1 defines constitution making and explores recent literature on why it is carried out. Part 2 considers recent work on the relationship between constitution making and “the people,” focusing on the theory of constituent power and its potential competitors. Part 3 looks at academic literature on the design of constitution making processes, focusing on three hotly-debated dimensions: the nature of the drafting body, forms of popular participation, and the role of courts. Part 4 considers the state of the art on the question of how constitution making might ameliorate or exacerbate various kinds of division, while Part 5 looks at the ways in which globalization and diffusion are impacting practices of constitution making, and the underlying question of convergence or divergence of constitution making models. Finally, Part 6 provides a map for the 25 substantive chapters that make up the rest of the handbook.

Keywords: constitution making, constitutional design, constituent power, deeply divided societies

Suggested Citation

Lerner, Hanna and Landau, David, Introduction to Comparative Constitution Making: The State of the Field (June 2019). In Elgar Handbook of Comparative Constitution Making (David Landau & Hanna Lerner, eds., Forthcoming 2019) (Edward Elgar Press); FSU College of Law, Public Law Research Paper No. 909. Available at SSRN: https://ssrn.com/abstract=3402170 or http://dx.doi.org/10.2139/ssrn.3402170

Hanna Lerner

School of Political Science, Government and International Affairs, Tel Aviv University ( email )

Tel Aviv
Israel

David Landau (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

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