Redrafting Constitutions in Democratic Regimes: Theoretical and Comparative Perspectives

by Gabriel L. Negretto (Editor)

Overview

Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.

Product Details

ISBN-13:	9781108813778
Publisher:	Cambridge University Press
Publication date:	07/07/2022
Series:	Comparative Constitutional Law and Policy
Pages:	263
Product dimensions:	5.98(w) x 9.02(h) x 0.55(d)

About the Author

Gabriel Negretto is Associate Professor, Instituto de Ciencia Política, Pontificia Universidad Católica de Chile. Specializing in comparative constitutional politics, institutional change, and democratization, he is the author of Making Constitutions: Presidents, Parties, and Institutional Choice in Latin America (2013). Negretto has been a consultant to various international organizations and has held visiting appointments at several universities in the U.S., Europe, and Latin America.

Table of Contents

1. Introduction: new constitutions in democratic regimes Gabriel L. Negretto; Part I. Conceptual, Normative, and Empirical Issues: 2. Constitution making through law Joel Colón-Ríos; 3. Expanding revision clauses in democratic constitutions William Partlett; 4. Courts and constitution making in democratic regimes: a contextual approach David Landau; 5. Replacing constitutions in democratic regimes: elite cooperation and citizen participation Gabriel L. Negretto; Part II. Case Studies: 6. The difference power diffusion makes: explaining divergent outcomes in Colombia (1990–1991) and Venezuela (1998–1999) Ana María Bejarano and Renata Segura; 7. Procedural rules and majoritarian politics in Poland (1993–1997) and Hungary (2010–2011) Gabriel L. Negretto and Solongo Wandan; 8. Thailand's democratic moment: the 1997 constitution Tom Ginsburg; 9. Political elites and the people: Kenya's decade-long constitution-making process Christina Murray; 10. The anatomy of constitution making: from Denmark in 1849 to Iceland in 2017 Thorvaldur Gylfason.

Editorial Reviews

'This book is an excellent collection on the processes of constitutional creation in democratic regimes. Combining detailed empirical studies with theoretical approaches to challenging texts, this valuable work will undoubtedly enrich the field of comparative constitutionalism. A must-read for legal and political theorists interested in the topic.' Roberto Gargarella, Universidad Torcuato Di Tella, School of Law

'Gabriel Negretto and his distinguished collaborators have produced a collection of incisive theoretical essays and carefully selected case studies. The result is a truly impressive volume on the conditions in which democratic outcomes emerge from constitutional processes.' Donald L. Horowitz, Duke University, and author of Constitutional Change and Democracy in Indonesia

'By combining thoughtful theoretical discussion with comprehensive comparative investigation, this outstanding collection of essays offers an exceptional perspective on some of the most intriguing and timely questions in the growing field of comparative constitution making today: when, how, and why democratic constitutions are replaced, and what the consequences might be of such constitutional replacement for the stability and functioning of democracy. The book is essential reading for students and scholars in political science and comparative law, as well as for practitioners in fields of democracy and rule-of-law promotion.' Hanna Lerner, School of Political Science, Government, and International Affairs, Tel Aviv University

'Constitutions are often written as though they are perpetual, but they seldom prove to be. Indeed, calls for constitutional replacement appear to be increasingly common - and not just when an old political order collapses but even within ongoing democratic regimes. How do democracies renew their constitutions and what are the effects on liberal democracy going forward? Gabriel Negretto, Latin America’s foremost expert on constitutional design and reform, has assembled a team of legal and political experts and delivers a framework for understanding how democratic charters can adapt and thrive, as well as how constitutional change can foster democratic erosion.' John M. Carey, Wentworth Professor in the Social Sciences, Dartmouth College

‘… this book will be an important reference in relevant fields for years to come. It is a must-read for anyone interested in constitutional redrafting and general institutional reform.- not only scholars and post-graduate students, but also policy makers, advisors, and anyone with a need for a good compendium of theoretical and comparative reflections in the topic. The contributions in Negretto’s excellently edited volume couldn’t be timelier: this is a terrific book to have on hand to read during these times of change.’ Raul A. Sanchez-Urribarri, Law and Politics Book Review

From the Publisher