Relevant bibliographies by topics / Constitution-making process

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Constitution-making process'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Constitution-making process.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Constitution-making process"

1

OSIATYNSKI, WIKTOR. "The Constitution-Making Process in Poland." Law & Policy 13, no. 2 (April 1991): 125–33. http://dx.doi.org/10.1111/j.1467-9930.1991.tb00062.x.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Ginsburg, Tom, Zachary Elkins, and Justin Blount. "Does the Process of Constitution-Making Matter?" Annual Review of Law and Social Science 5, no. 1 (December 2009): 201–23. http://dx.doi.org/10.1146/annurev.lawsocsci.4.110707.172247.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Choudhry, Sujit, and Mark Tushnet. "Participatory constitution-making: Introduction." International Journal of Constitutional Law 18, no. 1 (January 2020): 173–78. http://dx.doi.org/10.1093/icon/moaa014.

Full text
Abstract:
Abstract At least since the late eighteenth century, constitutions have been understood as emanations of the will of “the People,” as the ultimate expression of an inherent popular sovereignty. In the form of theories of constituent power, accounts of constitutional foundations blended notional or conceptual “descriptions” of the People, which anchored the political legitimacy of constitutional orders in the idea of hypothetical consent, with empirical claims that the nation’s actual people were represented in constitution-making processes through elected delegates and thereby were the authors of and gave consent to its fundamental law. As part of the third wave of democratization, there was an important shift in what popular participation consisted of—from indirect participation by elected representatives to direct, popular participation in the constitution-making process. As a matter of constitutional process, this led to the growing practice, and expectation, that major constitutional changes should be ratified through referenda.
APA, Harvard, Vancouver, ISO, and other styles
4

Der Walt, Johan Van. "Constitution-Making as a Learning Process: Andrew Arato’s Model of Postsovereign Constitution-Making: Editor’s Introduction." South African Journal on Human Rights 26, no. 1 (January 2010): 1–18. http://dx.doi.org/10.1080/19962126.2010.11864973.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Verdugo, Sergio, and Marcela Prieto. "The dual aversion of Chile’s constitution-making process." International Journal of Constitutional Law 19, no. 1 (January 1, 2021): 149–68. http://dx.doi.org/10.1093/icon/moab011.

Full text
Abstract:
Abstract Chile initiated a constitution-making process in late 2019, after the major political parties signed an agreement to respond to the massive demonstrations that took over the streets in October of 2019. Dominant trends in Chile and Latin America’s constitutional thought typically examine this type of process through the lenses of the constituent power or transformative constitutionalism. The authors of this essay offer a different view. They argue that Chile’s constitution-making process, as designed by the multiparty agreement, manifests a double aversion: to avoid the Bolivarian way of constitution-making—including its associated constituent power narrative—and to put an end to the institutional and symbolic legacy of the Pinochet regime. In attempting to stay clear of these two negative models, the authors argue that the rules of the constitution-making process have adopted the main features of the post-sovereign model of constitution-making.
APA, Harvard, Vancouver, ISO, and other styles
6

Elster, Jon. "Forces and Mechanisms in the Constitution-Making Process." Duke Law Journal 45, no. 2 (November 1995): 364. http://dx.doi.org/10.2307/1372906.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Yahyaoui Krivenko, Ekaterina. "The “Reservations Dialogue” as a Constitution-Making Process." International Community Law Review 15, no. 3 (2013): 381–403. http://dx.doi.org/10.1163/18719732-12341258.

Full text
Abstract:
Abstract The article proposes a new reading of the reservations regime to human rights treaties. The practice developed by states in relation to the reservations regime is analysed and presented as a constitution-making process. This new vision is based on the notion of the reservations dialogue as presented and developed by the Special Rapporteur of the International Law Commission on reservations to treaties. However, the article also proposes a wide reading of the practice of the reservations dialogue using examples from the Convention on the Elimination of All Forms of Discrimination against Women. Based on this analysis, the author formulates some proposals as to a more adequate development of the reservations dialogue and the reservations regime. A development which will favour the formation of inclusive international human rights as a basis for a future international constitution accepted as legitimate by all members of the international community.
APA, Harvard, Vancouver, ISO, and other styles
8

Krivenko, Ekaterina Yahyaoui. "The “Reservations Dialogue” as a Constitution-Making Process." International Community Law Review 16, no. 3 (July 9, 2014): 306–32. http://dx.doi.org/10.1163/18719732-12341283.

Full text
Abstract:
The article proposes a new reading of the reservations regime to human rights treaties. The practice developed by states in relation to the reservations regime is analysed and presented as a constitution-making process. This new vision is based on the notion of the reservations dialogue as presented and developed by the Special Rapporteur of the International Law Commission on reservations to treaties. However, the article also proposes a wide reading of the practice of the reservations dialogue using examples from the Convention on the Elimination of All Forms of Discrimination against Women. Based on this analysis, the author formulates some proposals as to a more adequate development of the reservations dialogue and the reservations regime. A development which will favour the formation of inclusive international human rights as a basis for a future international constitution accepted as legitimate by all members of the international community.
APA, Harvard, Vancouver, ISO, and other styles
9

Arato, Andrew. "Democratic constitution-making and unfreezing the Turkish process." Philosophy & Social Criticism 36, no. 3-4 (March 2010): 473–87. http://dx.doi.org/10.1177/0191453709358543.

Full text
Abstract:
This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal.
APA, Harvard, Vancouver, ISO, and other styles
10

Abdelgabar, Noha Ibrahim. "International Law and Constitution Making Process: The Right to Public Participation in the Constitution Making Process in Post Referendum Sudan." Verfassung in Recht und Übersee 46, no. 2 (2013): 131–51. http://dx.doi.org/10.5771/0506-7286-2013-2-131.

Full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Constitution-making process"

1

Wamunyima, Mbololwa. "Constitution making in Zambia : the need for a new perspective." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1243.

Full text
Abstract:
"While public participation in constitution-making is recognised under international law, its extent is not elaborated. This has resulted in governments pursuing constitution-making processes that, despite involving public participation, do not involve meaningful public participation. As shall be illustrated in this study, this is the dilemma faced in Zambia. Zambia has experienced constitutional instability since independence. It has had four constitutions since then, and is currently in the process of making its fifth. This will represent an average of a new constitution every eight years: one of the highest rates of constitutional change in Commonwealth Africa. This is an unimpressive record in so far as it is generally accepted that a constitution defines and limits the exercise of governmental power, and regulates major political activities in a country. It cannot, therefore, be frequently subjected to change like any other ordinary piece of legislation. ... This study constitutes five chapters. Chapter one introduces the study. Chapter two analyses the origins and nature of government and constitution. Chapter three examines and analyses the constitutional development process in Zambia from the pre-colonial period to the current time. In chapter four, the making of the current constitution of South Africa is duscussed and analysed. Chapter five provides the conclusion and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Prof. Edward Kofi Quashigah at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
APA, Harvard, Vancouver, ISO, and other styles
2

Michel, Stephan [Verfasser], and Stefan [Akademischer Betreuer] Voigt. "The Process of Constitution-Making : A Law and Economics Analysis / Stephan Michel ; Betreuer: Stefan Voigt." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2018. http://d-nb.info/116262180X/34.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Qwaka, Prince Siphiwo. "The role of policy management units with particular reference to the PMU in the South African Parliament." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1215_1328706690.

Full text
Abstract:

This study seeks to understand and examine the role of public policy units with a specific focus on the South African National Parliament Policy Management Unit (PMU). The problem being investigated is that of a lack of constructive support and debate in understanding the role and functions of policy management units. Thus, the scope of the study is limited to policy management units with the South African Parliament PMU as a special reference. The primary objective of this study is to investigate the role of policy management units, with particular reference to the PMU in the South African Parliament. The secondary objectives will then be to provide a theoretical perspective of the role and functions of policy management units
and to develop a case of the PMU in Parliament for further analysis and examination. Examples of existing policy units and the support they have with parliaments will be produced, assessed, and explored.

APA, Harvard, Vancouver, ISO, and other styles
4

Popovici, Carmen. "Les implications constitutionnelles de l'intégration de la Roumanie dans l'Union Européenne et dans l'OTAN." Thesis, Clermont-Ferrand 1, 2011. http://www.theses.fr/2011CLF10361.

Full text
Abstract:
La Constitution de la Roumanie de 1991, élaborée au début d’une période detransition d’un système totalitaire à un système démocratique, a inévitablement dû êtrerévisée. Si elle a défini un cadre juridique démocratique contribuant à la réinstauration et à lastructuration de la démocratie, la révision constitutionnelle intervient dans un cadre deconsolidation démocratique, avec un objectif principal : l’intégration de la Roumanie dans lesstructures euro-Atlantiques.Toutes les modifications apportées par la loi de révision pourraient être interprétées etjustifiées par cet objectif principal, compte tenu du lien entre la dynamique démocratisante etl’intégration dans les structures euro-Atlantiques.Trois finalités du processus de révision se dégagent dans ce contexte : l’institution desfondements constitutionnels de l’intégration euro-Atlantique et de ses effets, l’élargissementdes garanties constitutionnelles et institutionnelles des droits et des libertés fondamentaux etl’optimisation du processus décisionnel. Si les modifications présentées dans la premièrepartie sont directement liées à l’adhésion à l’Union Européenne et à l’OTAN, indispensables,les modifications répondant aux deux autres finalités sont d’influence ou d’inspirationeuropéenne, contribuant à la consolidation de la démocratie
The Romanian Constitution of 1991, elaborated at the beginning of a period oftransition from a totalitarian system to a democratic one, needs undoubtedly to be revised. Ifthe Constitution defined a juridical democratic frame that contributed to the democraticrevival and settlement the revision of the Constitution responds to a period of democraticconsolidation related to a main objective: the integration in the European and North Atlanticstructures.All the modifications to the law brought on by the revision could be interpreted anddefended in relation to this main objective taking into account the relation between thedynamic of the democratization process and the integration in the European and NorthAtlantic structures.This revision process of the Romanian Constitution has three motivations related directlyto this context: the introduction of constitutional fundaments for the integration into theEuropean and North Atlantic structures and consequences of that integration, broadening theconstitutional and institutional warranties for fundamental rights and liberties and finally, theoptimization of the decision making process. If the revisions introduced in the first part weredirectly connected to the accession into the European Union and NATO, and thus essential,the revisions responding to the two other ends were influenced or based on a European modeland contributed directly to the strengthening of the young Romanian democracy
APA, Harvard, Vancouver, ISO, and other styles
5

Shonhe, Toendepi. "Public participation in the constitution making process in Zimbabwe (2009-2010)." Thesis, 2012. http://hdl.handle.net/10539/12022.

Full text
Abstract:
The purpose of this study was to examine the extent to which participatory deliberative democracy is being practised in the constitution making process in Zimbabwe. The nature of public participation determines the character, quality and extent of consultations and democratic deliberation in policy formulation Constitution making has inescapably remained an ‘unfinished business’ in Zimbabwe as a consequence of the Lancaster House settlement of 1979. Yet, a national constitution is a biography of the nation, whose crafting must embody legitimacy and credibility. This research sought to examine the processes available for public participation for constitution making in Zimbabwe. The research focused on the constitution making process as a case study against the background of a partocratic policy making system that existed since 1980, and the advent of the Inclusive Government consummated on 13 February 2009 whose policy making architecture is premised on the GPA. The central question of this study was: “What processes are being used to secure deliberative democratic participation in the constitution design process in Zimbabwe? The research relied on documentary evidence, the researcher’s experience and observations as well as targeted semistructured interviews on public participation in the constitution making process in Zimbabwe for data collection, as a case study. The researcher relied on secondary data from published and unpublished literature and tracked newspaper publications to gather data related to the constitution making process. The researcher also visited and observed some of the Constitution Select Committee (COPAC) outreach meetings to gather information relating to the quality of deliberation at the meetings. The main findings were that the COPAC structure did not adequately provide a framework for delivering deliberative democracy as political parties retained decision making at stages of the process. The research concluded that political parties, the Executive and Parliament, dominated the process. Participation was cosmetic and “Executo-partocratic driven” rather than a “people-driven” process. The prevalence of citizen harassment and intimidation as well as the occurrence of violence during the consultative process hampered meaningful participation in deliberative processes by citizens. Similarly the inauspicious operating environment discouraged the free flow of information and debate, alienating citizen views and limiting deliberative participatory democracy. In the main, the policy making approach adopted was ‘Executo-partocratic’ and as such limited the citizens participation in equal, open and free deliberation resulting in a process that lacked legitimacy and credibility.
APA, Harvard, Vancouver, ISO, and other styles
6

Hayward, Elizabeth. "Participation for a 'People-Driven' Constitution?: A Critical Investigation of Zambian Civil Society Engagement in the Constitution-Making Process." 2010. http://hdl.handle.net/10222/13063.

Full text
Abstract:
This study explores with theoretical and practical challenges surrounding the roles of civil society organizations (CSOs) and participatory approaches in development and democratization processes in contemporary Africa. Through a grounded, contextualized analysis of a coalition of Zambian CSOs, the Oasis Forum, and its (dis)engagement with the ongoing constitution-making process, this thesis interrogates the possibilities and limitations of various conceptions of „popular participation? in efforts to open up potentially transformative spaces for citizen engagement. The case of the Oasis Forum complicates, enriches and challenges both liberal and critical narratives of civil society, and demonstrates that even within superficially liberal language and objectives, there can be efforts to advance, and articulate with, more far-reaching possibilities for social change. Though the constraints of neoliberal globalization fundamentally constrain the scope of Zambian economic and political self-determination, this work reveals the under-acknowledged radical potential of liberal conceptual and policy tools to challenge this hegemonic order. More grounded, nuanced theoretical approaches are required to address the mutually constitutive nature of hegemonic structures and the agential subjects struggling within and against them.
APA, Harvard, Vancouver, ISO, and other styles
7

Zhou, Donald Chokuda. "An analysis of the role of civil society organisations in promoting good governance and development in Zimbabwe: the case of National Constitutional Assembly (NCA)." Diss., 2014. http://hdl.handle.net/10500/18768.

Full text
Abstract:
This thesis examines the role of civil society in promoting good governance and development in Zimbabwe. This is done through a case study of the National Constitutional Assembly (NCA). Specifically, the thesis looks at the role of constitutionalism as a tool in promoting good governance and development by situating the Zimbabwean struggle for constitutional reform within the context of an unprecedented socio-economic and humanitarian crisis that engulfed Zimbabwe at the beginning of 2000. One of the central questions explored in this thesis is that of the value of the concept of civil society in understanding African post-colonial situations in general and the Zimbabwean situation in particular. The thesis looks at the history of constitutionalism in order to assess if the Zimbabwean crisis could be understood within the context of a constitutional crisis. Therefore, the thesis ventures into the complex dynamics of state-civil society relations while at the same time examining the formation, structure and programmes of the NCA. This is meant to highlight how the NCA’s internal governance system, its leadership style and accountability worked as well as if it reflected good governance or not. An analysis of NCA’s relationship with donors is also presented in order to dispel or validate claims that civil society is just a front for western interests to effect regime change in Zimbabwe. Of critical importance in this study is how civil society (represented by the NCA) interacted with the government and the opposition political parties. The NCA actively participated in opposition politics coming in the open to urge its supporters to vote for the opposition and later ditched the opposition when they had disagreements but their reputation as impartial actors had been destroyed. The thesis concludes by questioning the strategies that are used by civil society in engaging with the government and that in their present structure they should not be antagonistic to the state but should work in tandem with the state for the attainment of good governance and development. Civil society organisations should be politically neutral in their pursuit of developmental goals and ought to practice what they preach by being democratic and accountable themselves.
Development Studies
M.A. (Development Studies)
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Constitution-making process"

1

(Fiji), Citizens' Constitutional Forum. Constitution-making and reform: Options for the process. Suva, Fiji: CItizen's Constitutional Forum, 2012.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Skjelten, Synnøve. A people's constitution: Public participation in the South African constitution-making process. Midrand: Institute for Global Dialogue, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

A people's constitution: Public participation in the South African constitution-making process. Midrand: Institute for Global Dialogue, 2006.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Child participation in the constitution making process: Children's consultations. Harare: Justice for Children Trust, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Azarbaijani-Moghaddam, Sippi. Civil education for the constitution-making process: Technical lession learned. Kabul: Afghan Civil Society Forum, 2003.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Zimbabwe. Ministry of Constitutional & Parliamentary Affairs. What about us?: Children's participation in the constitution-making process. Harare: Africa Community Publishing and Development Trust, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Azarbaijani-Moghaddam, Sippi. Civil education for the constitution-making process: Technical lession learned. Kabul: Afghan Civil Society Forum, 2003.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Popular democracy and the legitimacy of the constitution: Some reflections on Uganda's constitution-making process. Kampala, Uganda: Centre for Basic Research, 1993.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Banda, Alick. The constitution making process in Zambia: What is the way forward? Ndola, Zambia: Mission Press, 2004.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

Selassie, Bereket H. The making of the Eritrean constitution: The dialectic of process and substance. Trenton, NJ: Red Sea Press, 2003.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Constitution-making process"

1

van Lier, Felix-Anselm. "The Libyan constitution-making process." In Normative Spaces and Legal Dynamics in Africa, 61–79. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003015734-5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Yegen, Oya. "Debating Unamendability: Deadlock in Turkey’s Constitution-Making Process." In An Unamendable Constitution?, 281–311. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95141-6_11.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Lombardo, Emanuela. "Gender Equality in the Constitution-Making Process." In Constitutional Politics in the European Union, 137–52. London: Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230593343_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Imbeau, Louis M., and Thomas C. Eboutou. "Constitution-making Process Under Uncertainty: The Case of Canada." In Behind a Veil of Ignorance?, 103–20. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-14953-0_6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Müller-Graff, Peter-Christian. "The Process and Impact of EU Constitution-Making: ‘Voice and Exit’." In The EU Constitution: The Best Way Forward?, 71–79. The Hague: T.M.C. Asser Press, 2005. http://dx.doi.org/10.1007/978-90-6704-543-8_5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Gözler, Elif. "Turkey’s New Constitution-making Attempt and the Participation of Minority Organisations during the Pubic Consultation Process." In Contemporary Turkey at a Glance II, 71–86. Wiesbaden: Springer Fachmedien Wiesbaden, 2017. http://dx.doi.org/10.1007/978-3-658-16021-0_5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Kouroutakis, Antonios. "Courts in the constitution-making process." In Courts, Politics and Constitutional Law, 173–86. Routledge, 2019. http://dx.doi.org/10.4324/9780429297069-10.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Silungwe, Annel M. "The Constitution-making Process in Zambia." In Assessing Progress in the Implementation of Zimbabwe's New Constitution, 37–50. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845283746-37.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

"The 2011 constitution-making process in Morocco." In Public Participation in African Constitutionalism, 55–68. New York : Routledge, 2017. | Series: Routledge global cooperation series: Routledge, 2017. http://dx.doi.org/10.4324/9781315180540-5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

"Participation in the Tunisian constitution-making process." In Public Participation in African Constitutionalism, 69–85. New York : Routledge, 2017. | Series: Routledge global cooperation series: Routledge, 2017. http://dx.doi.org/10.4324/9781315180540-6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Constitution-making process' for particular source types:
Journal articles Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography