Analyzing nineteen cases, Framing the State in Times of Transition offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

"Constitution-making in a post-conflict country is fraught with many risks and traps: how can we avoid or find creative solutions to them? In this useful book, scholars and practitioners reflect on the experience of two decades. Most importantly, Framing the State in Times of Transition: Case Studies in Constitution Making demonstrates the critical importance of the process itself in producing a constitution that provides a solid foundation for peace--a lesson anyone interested in technical assistance and peacekeeping should remember." 
—Jean-Marie Guéhenno, U.N. undersecretary-general for peacekeeping operations

Analyzing nineteen cases, Framing the State in Times of Transition offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.
The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions—a move from autocratic rule to democracy, for example—or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.

Contributors: Andrew Arato • Louis Aucoin • Andrea Bonime-Blanc • Michele Brandt • Allan R. Brewer-Carías • Scott N. Carlson • Jill Cottrell • Hassen Ebrahim • Donald T. Fox • Thomas M. Franck • Gustavo Gallón-Giraldo • Zofia A. Garlicka • Lech Garlicki • Yash Ghai • Vivien Hart • Stephen P. Marks • Zoltán Miklósi • Laurel E. Miller • Jonathan Morrow • Muna Ndulo • James C. O’Brien • Keith S. Rosenn • Bereket Habte Selassie • Anne Stetson • J Alexander Thier • Arun K. Thiruvengadam • Aili Mari Tripp • Lee Demetrius Walker • Marinus Wiechers • Philip J. Williams

 

Read chapters online from this book


Related Publications

COVID Raises the Stakes for Zimbabwe’s Civil Society Movement

COVID Raises the Stakes for Zimbabwe’s Civil Society Movement

Wednesday, June 24, 2020

Countries worldwide that suffer or risk violent conflicts face a new hazard amid the COVID-19 pandemic: governments’ use of the disease as a pretext to curtail democratic freedoms and punish opposition. As COVID has spread across Africa, Zimbabwe is emerging as one of the countries most vulnerable to the disease—and most illustrative of its threat to peace and democratization efforts on the continent. Two and a half years after a military coup installed President Emmerson Mnangagwa, his government has used the health crisis to arrest members of the opposition and journalists, and divert humanitarian aid to ruling party supporters.

Type: Analysis

Global HealthNonviolent Action

The Challenges for Social Movements in Post-Mugabe Zimbabwe

The Challenges for Social Movements in Post-Mugabe Zimbabwe

Wednesday, January 22, 2020

Civil society and social movements have long been at the center of pushing back against corruption and authoritarian practices. Zimbabwe was no exception in the run-up to the November 2017 coup d’état that ousted Robert Mugabe after four decades of unaccountable rule. This report, based on in-country interviews and focus group discussions, examines the transition that followed the coup to draw broader lessons for how the international community can support, without harming, grassroots nonviolent action initiatives in countries undergoing profound political shifts.

Type: Special Report

Nonviolent Action

Military Crackdown Mars Zimbabwe’s First Post-Mugabe Election

Military Crackdown Mars Zimbabwe’s First Post-Mugabe Election

Monday, August 6, 2018

Over 80 percent of eligible voters participated in Zimbabwe’s July 30 polls—a tense, reasonably competitive, and possibly historic election. After 37 years of authoritarian rule under former President Robert Mugabe, there was hope for a break with the past, with a halt to the political oppression of opposition members and civil society. But fears loomed large of a return to tyranny when protesting opposition members faced a violent response by the Zimbabwean army shortly after Election Day. 

Type: Blog

Global Elections & Conflict

View All Publications