Territory and Power in Constitutional Transitions - Hardcover

9780198836544: Territory and Power in Constitutional Transitions

Hardcover

ISBN 10: 0198836546 ISBN 13: 9780198836544

Verlag: OXFORD UNIV PR, 2019

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Cr�ticas

This collection is highly impressive in both its breadth and depth. Local knowledge and theoretical sophistication combine to make this essential reading for scholars and practitioners interested in constitutions, federalism, territorial cleavages, and peace. The synthetic conclusion shows just how far we can advance knowledge through collaboration across national and disciplinary boundaries. We need more studies like this. (Nancy Bermeo, Professor Emeritus, Princeton University and Nuffield Professor of Comparative Politics Emeritus, University of Oxford)

Territory and Power in Constitutional Transitions provides path-breaking analysis of conflicts rooted in territorial identity along with building blocks for academic theorists and wise counsel to practitioners. Drawing on a vast range of cases, the volume provides useful generalizations regarding how territorial interests are mobilized by geography, political history, and power, and how constitutional processes and design can sometimes succeed despite intense mobilization of territorial interests. It provides both hope and essential reading for anyone seeking peaceful, stable, and fair outcomes in territorially divided societies. (Roderick M. Hills Jr., William T. Comfort III Professor of Law, New York University School of Law)

In its wide-ranging exploration of how constitutions help promote peace, stability and inclusion in deeply divided societies, this volume combines rich theoretical analysis with in-depth constitutional case-studies. Contributions from leading constitutional scholars and practitioners give it an impressive scope, with seventeen country cases studies. The insights it generates are both fresh and compelling. It deserves the widest possible audience. (Rosalind Dixon, Professor of Law, University of New South Wales, Faculty of Law; co-President, International Society of Public Law)

While comparative constitutionalism is the stock in trade of conflict resolution practitioners, too often this is not accompanied by an understanding of the underlying logic and political dynamics that inform or limit constitutional options. It is here that Territory and Power in Constitutional Transitions makes an outstanding and invaluable contribution to our understanding of the logic of possible options for constitutional processes and design, especially in a context of territorial cleavages. (Nicholas Haysom, Special Representative of the United Nations Secretary General, Somalia)

This compendium offers a unique perspective on a dizzying range of political and violent conflicts in societies rent by territorial cleavages. It leaves us with optimism about how constitutional processes may make such conflicts tractable. While each chapter captures the inescapable logic of institutional and political context, the editors painstakingly, and with great nuance, elaborate a general framework for understanding how divided societies might achieve reconstitution and even coexistence and integration. Territory and Power in Constitutional Transitions epitomizes what scholarship on comparative constitutional development should strive to achieve. (Cristina M. Rodr�guez, Leighton Homer Surbeck Professor of Law, Yale Law School)

Rese�a del editor

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina.

While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

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