International IDEA has published Constitutional Transitions and Territorial Cleavages, a Working Paper by George Anderson and Sujit Choudhry, as part of the Dealing with Territorial Cleavages in Constitutional Transitions project.
This Working Paper presents a framework for considering constitutional transitions that involve significant territorial cleavages. It is designed to assist political leaders, citizens and advisers engaged in a process of constitutional transition where the territorial character and structure of the state is an issue alongside other constitutional questions. After briefly discussing the significance of constitutions and the nature of constitutional transitions, it considers the political nature of territorial cleavages, the challenges they can present for constitutional processes that are not always framed with territorial issues in mind, and some options for constitutional design that may help manage or accommodate such cleavages.
This paper collects the preliminary findings of the Dealing with Territorial Cleavages in Constitutional Transitions project, led by Constitutional Transitions, International IDEA and the Forum of Federations. This project concerns the issues arising from territorially concentrated, politically salient, collective demands for constitutional accommodation in contexts of constitutional transition. It draws together 24 experts from 13 countries.
In addition to this Working Paper, its outputs will include a Policy Manual; 16 case-studies & 3 thematic papers; and an edited volume to be published by Oxford University Press.
To download the full paper, click here.