To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
‘In this work, Wheatley and Mendez, and their colleagues, masterfully unpack the inherent tensions between law and politics, and clarify (theoretically and empirically) this crucial dimension of regime change. This is a fundamental work for anyone dealing with the modern yet understudied overlap between direct democracy and constitution-making, or popular rule and constitutional conventions. This is an exciting research, one of the very best on the topic.’ David Altman, Pontificia Universidad Católica de Chile.