Comparative Constitutional Law and Policy Hardcover

Todd A Eisenstadt

Under what circumstances do new constitutions improve a nation level of democracy? Between 1974 and 2014, democracy increased in seventy-seven countries following the adoption of a new constitution, but it decreased or stayed the same in forty-seven others. This book demonstrates that increased participation in the forming of constitutions positively impacts levels of democracy. It is discovered that the degree of citizen participation at the 'convening stage'of constitution-making has a strong effect on levels of democracy. This finding defies the common theory that levels of democracy result from the content of constitutions, and instead lends support to 'deliberative'theories of democracy. Patterns of constitutions are then compared, differentiating imposed and popular constitution-making processes, using case studies from Chile, Nigeria, Gambia, and Venezuela to illustrate the dynamics specific to imposed constitution-making, and case studies from Colombia, Ecuador, Egypt, and Tunisia to illustrate the specific dynamics of popular constitution-making. Book Description: This book demonstrates that new constitutions can, but often do not, improve a nation level of democracy. The authors explore patterns of constitution-making with cases from Africa, Latin America, and the Middle East to show that participation is a better predictor of levels of democracy than the constitution itself.

1107168228

English

CAMBRIDGE UNIVERSITY PRESS

2017