Constitutional Transitions and Territorial Cleavages

111
This publication is available in print and electronic format
Published: 
15 June 2015
Language: 
English
Pages: 
34
ISBN: 
978-91-7671-007-4 (Print)
Author(s): 
George Anderson, Sujit Choudhry
Available Languages:

This working paper provides an overview of factors that shape constitutional transitions and their outcomes in countries where issues regarding diversity of populations in different regions (known as territorial cleavages) are significant.

The territorial dimension is increasingly prominent in many constitutional transitions and it presents distinct challenges. There is no single or best way to address them.

This paper examines a variety of case studies, including federal regimes, ‘consociational’ power sharing within governments, special autonomy arrangements for particular regions and unitary regimes. It starts with an analysis of the factors associated with political mobilization around territorial cleavages, which are fundamental to the political dynamics.

The politics will also shape—and be shaped by—the structure and organization of the constitutional process, which in turn affects the choice of constitutional design. Thus the factors shaping a constitutional transition in a territorially divided country form a complex and highly interdependent system with a good deal of path dependency.

This paper highlights the factors that need to be analysed during transitional processes, as well as the procedural and substantive options that may need to be considered. It is the first output of a collaborative project between International IDEA, the Forum of Federations, the Center for Constitutional Transitions and the Manuel Giménez Abad Foundation.

Contents

Introduction

1. Constitutions and constitutional transitions

2. Territorial cleavages and political mobilization

3. Dealing with territorial cleavages in the constitution-making process

4. Constitutional design and territorial cleavages

Conclusions

References

Related Content

Jan
25
2018
International IDEA Secretary-General Yves Leterme presenting at the Annual Democracy Forum in Lima, Peru, 21 November 2017. Photo credit: Yael Rojas.

International IDEA Secretary-General Yves Leterme presenting at the Annual Democracy Forum in Lima, Peru, 21 November 2017. Photo credit: Yael Rojas.

News Article
Nov
03
2017
Participants of the Second Melbourne Forum on Constitution Building in Asia and the Pacific. Photo credit: University of the Philippines Diliman

Participants of the Second Melbourne Forum on Constitution-Building in Asia and the Pacific. Photo credit: University of the Philippines Diliman

News Article
May
23
2017
Professor Cheryl Saunders at the PH Constitution @30 Public Forum, University of the Philippines Cebu. (Photo © Nyla Prieto)

Professor Cheryl Saunders at the PH Constitution @30 Public Forum, University of the Philippines Cebu. (Photo © Nyla Prieto)

Feature Story