By George Anderson & Sujit Choudhry 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 […]
The Meeting the Challenges of Emerging Constitutional Democracy Working Paper series is a resource for practitioners working in the field in countries undergoing constitutional transition and in new democracies where efforts are being made to consolidate the transition to democracy, and will also be of interest to scholars. The Working Papers in the series address the creation of constituent units […]
By Michael Riegner & Richard Stacey “Democracy Without Political Parties: Constitutional Options” addresses the question of what role political parties generally play in democracies, and asks whether an electoral system can establish effective and democratically accountable government in the absence of political parties. The Working Paper identifies the democratic functions ordinarily performed by political parties in electoral democratic […]
By Richard Stacey & Sujit Choudhry The semi-presidential form of government offers a middle ground between “pure” presidential and “pure” parliamentary systems of government, and may for this reason be especially attractive to new or transitioning democracies. “Semi-Presidential Government in the Post-Authoritarian Context: Constitutional Reform After the Arab Spring” considers the options available for structuring the […]
By George Anderson & Sujit Choudhry, with David Vitale How should cultural diversity be reflected in the constitutional and governmental arrangements of a country emerging from a history of dictatorial or oppressive government? Minority groups may seek special arrangements to protect their basic human rights as well as constitutional provisions providing specific rights to protect their […]
Dealing with the Creation of Constituent Units in Federal and Politically Devolved Regimes: A Brief Guide for Practitioners
By George Anderson “Dealing with the Creation of Constituent Units in Federal and Politically Devolved Regimes: A Brief Guide for Practitioners” is a Policy Manual that sets out elements of analysis and questions that are intended to aid practitioners and advisers in addressing how to define or delimit constituent territorial units within federal countries.
By George Anderson Federal and devolved systems of government are based on a territorial delimitation into political states, provinces or regions. “Creation of Constituent Units in Federal Systems” looks at the experiences of over 20 federal and quasi-federal countries in defining new territorial regions or “constituent units”. It examines both the issues around defining constituent […]
“International Standards for the Independence of the Judiciary” highlights the essential functions of an independent judiciary in a constitutional democracy. Drawing on a combination of both hard and soft sources of international law, it reveals a definition of judicial independence that can be met in various legal and constitutional contexts, while allowing courts to protect human […]
“Constitutional Review in New Democracies” asks key questions about designing a constitutional court. Using examples from constitutional courts around the world, it identifies the core issues that policymakers will need to address when creating a new court. It emphasizes the role of constitutional review in legitimizing new democracies, especially on the constitutionality of legislation and government […]
By Asanga Welikala Egypt’s political architecture under Hosni Mubarak’s authoritarian leadership and the 1971 Constitution was characterized by weak legislatures and a strong executive. “The Legislature under the Egyptian Constitution of 2012” considers the constitutional arrangement for the form, powers and functions of Egypt’s legislature in the broader context of the framework of government established by […]
By Kent Roach Security sector reform is an important issue in post-authoritarian constitutional transitions, and it is an issue on the agenda in Tunisia’s constitutional transition. “Security Forces Reform for Tunisia” considers how constitutional rules and institutional design should govern the security sector in Tunisia, proposing a number of principles and constitutional mechanisms that should be […]
By Juanita Olaya and Karen Hussmann “Preventing and Combatting Corruption: Good Governance and Constitutional Law in Tunisia” approaches the pervasive problem of political corruption from the perspective of constitutional design, and considers how a constitution can set out principles, rights, institutions and mechanisms that prevent and combat corruption. The Working Paper uses the April 2013 draft […]
By Tom Ginsburg The goal of judicial system design in democratic societies is to have a judiciary that is independent, accountable and competent. “The Tunisian Judicial Sector: Analysis and Recommendations” brings to bear recent comparative research on judicial independence, the design of the judicial system, and constitutional reform, and notes that while Tunisia’s 22 April […]
By Jörg Fedtke “Tunisian Constitutional Reform and Fundamental Rights” presents an analysis of the fundamental rights set out in the three drafts of the Constitution of the Republic of Tunisia, as made public in August 2012, December 2012, and April 2013.
By Jörg Fedtke “Tunisian Constitutional Reform and Decentralization” is a commentary on the system of decentralized government set out in the draft Tunisian Constitution of 22 April 2013. The Working Paper investigates the fundamental objectives of Tunisian constitutional reform and assesses whether the system of decentralisation set out in the April 2013 draft Constitution is consistent […]
By Sujit Choudhry and Richard Stacey “Semi-Presidentialism as a Form of Government: Lessons for Tunisia” conducts an extensive comparative analysis of the constitutional design options available within the semi-presidential form of government, offering comments on the April 2013 draft Constitution of the Republic of Tunisia in light of this analysis.
By Zaid Al-Ali and Michael Dafel “Egyptian Constitutional Reform and the Fight against Corruption” addresses the question of how a constitutional text can contribute to a commitment to prevent and eliminate corruption, investigating in particular the strengths and weaknesses of the 2012 Constitution, as compared to both the 1971 Constitution and Egypt’s experience under it and […]
The Consolidating the Arab Spring Working Paper series was published in June 2013 by International IDEA, together with Constitutional Transitions, as a response to the imperative for targeted expertise in support of constitution building in the wake of the Arab Spring. Each paper addresses a specific question of constitutional design, such as the fight against corruption; semi-presidentialism; […]
The Constitutional Transitions/Democracy Reporting International (DRI) Working Papers presents two papers on the importance of constitutional review in democratic transitions, and on international standards for the independence of the judiciary.