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Constitution-making and the Transformation of Conflict
journal contribution
posted on 2023-06-07, 22:24 authored by Vivien HartA constitution has traditionally been seen as the documentary record of a settlement of conflict. This traditional constitution is an enactive document, consummating the creation of a polity. Constitution-making has been a widespread practice in the many conflicted and divided societies of the late twentieth century. The issues of recent conflicts are concerned with the recognition of identities as well as with provisions for the legitimate exercise of power. This agenda necessitates a process as important as the product, both open-ended and open to participation. I propose that we reconsider constitution-making as itself a part of the process of conflict transformation. Defining constitution-making as a forum for negotiation or a continuing conversation amid conflict and division draws attention to the distinctive characteristics of modern constitutionalism and to the ways in which this process helps or hinders the transformation of conflict. Examples are drawn from recent constitution-making in Canada, Northern Ireland, and South Africa.
History
Publication status
- Published
Journal
Peace and ChangeISSN
0149-0508Publisher
Wiley-BlackwellExternal DOI
Issue
2Volume
26Page range
153-176Department affiliated with
- American Studies Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06Usage metrics
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