
Making Constitutions in Deeply Divided Societies
Hanna Lerner(Author)
Cambridge University Press
Published on 18. April 2013
Book
Paperback/Softback
274 pages
978-1-107-61057-6 (ISBN)
Description
How 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.
Reviews / Votes
'In helping us to gain valuable insight into the constitutional politics of this activity, Hanna Lerner has provided us with an extremely important interpretive analysis that should become a staple of the literature of constitutional design.' Gary Jeffrey Jacobsohn, Tulsa Law Review '... the great strength of this book is to compare and reflect on foundational constitutional moments with long-term (positive and negative) consequences for individual rights and group relations within these states.' Bill Kissane, Nations and NationalismMore details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Illustrations
4 Tables, black and white; 2 Line drawings, unspecified
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 16 mm
Weight
449 gr
ISBN-13
978-1-107-61057-6 (9781107610576)
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Schweitzer Classification
Other editions
Additional editions

Hanna Lerner
Making Constitutions in Deeply Divided Societies
E-Book
12/2011
1st Edition
Cambridge University Press
€38.49
Available for download

Hanna Lerner
Making Constitutions in Deeply Divided Societies
Book
05/2011
Cambridge University Press
€133.20
Shipment within 15-20 days
Person
Hanna Lerner is an Assistant Professor in Political Science at Tel Aviv University and a visiting fellow at the Princeton Institute of International and Regional Studies, Princeton University.
Content
Part I. Constitutions, Democracy, Identity: 1. Introduction; 2. Three paradigms of democratic constitutions; 3. The incrementalist approach to constitution-making; Part II. Varieties of Constitutional Incrementalism: 4. Informal consociationalism in Israel; 5. Constructive ambiguity in India; 6. Symbolic ambivalence in Ireland; Part III. For and Against Constitutional Incrementalism: 7. Normative arguments for constitutional incrementalism; 8. Potential dangers; 9. Conclusion.