Making Constitutions in Deeply Divided SocietiesHow can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity. |
Contents
| 1 | |
| 13 | |
PART II Varieties of constitutional incrementalism | 47 |
PART III Arguments for and against constitutional incrementalism | 191 |
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adopted Aharon Barak amendment Amnon Rubinstein Anglo-Irish Treaty approach to constitution-making Arab argued Aviv Basic Law British Cambridge University Press Collins conflict Congress consensus consociational consti Constituent Assembly constitution-writing constitutional arrangements constitutional debates Constitutional Revolution Constitutionalism cultural Dáil Debates Dáil Éireann decision deeply divided societies Delhi Democracy democratic discussed drafting a constitution elections enactment entrenched ethnic example formal constitution framers Free State constitution groups Hindu Ibid included incrementalist incrementalist approach incrementalist constitutional independence India Indian Constitution institutions Ireland Irish Civil War Irish constitution Irish Free Israel Israel Democracy Institute Israeli Jerusalem Jewish Knesset Knesset Record legislation liberal London Mapai minority Mishpat Muslim League national identity national language nationalist Nehru norms Oxford University Press Party personal law political principles provisions regarding religion religious representatives secular Shah Bano Sinn Féin stitution strategy Supreme Court tion Treaty tution uniform civil code unity Valera visions written constitution York