Framing the State in Times of Transition

Case Studies in Constitution Making
April 2010
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9781601270559
$49.95
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9781601271211
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Analyzing nineteen cases, Framing the State in Times of Transition offers the first in-depth, practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms. Thirty researchers with a combination of direct constitution-making experience and academic expertise present examples of constitution making in the contexts of state building and governance reform across a broad range of cultures, political circumstances, and geographical regions.

The case studies focus equally on countries emerging from conflict and countries experiencing other types of transitions—a move from autocratic rule to democracy, for example—or periods of institutional crisis or major governance reform. Recognizing that there are no one-size-fits-all formulas or models, this volume illuminates the complexity of constitution making and the procedural options available to constitution makers as they build states and promote the rule of law.

Contributors: Andrew Arato • Louis Aucoin • Andrea Bonime-Blanc • Michele Brandt • Allan R. Brewer-Carías • Scott N. Carlson • Jill Cottrell • Hassen Ebrahim • Donald T. Fox • Thomas M. Franck • Gustavo Gallón-Giraldo • Zofia A. Garlicka • Lech Garlicki • Yash Ghai • Vivien Hart • Stephen P. Marks • Zoltán Miklósi • Laurel E. Miller • Jonathan Morrow • Muna Ndulo • James C. O’Brien • Keith S. Rosenn • Bereket Habte Selassie • Anne Stetson • J Alexander Thier • Arun K. Thiruvengadam • Aili Mari Tripp • Lee Demetrius Walker • Marinus Wiechers • Philip J. Williams

“Laurel Miller and her colleagues at USIP have produced what will undoubtedly long remain the definitive study on constitution making in states emerging from conflict. This volume will be an invaluable source to all those interested in how any one of 19 such constitutions were constructed. It will be of even greater help to those faced with a similar task in the future, providing wise advice as to what approaches to constitution writing have worked in the past, and offering advice to both the international community and local actors in societies emerging from civil strive and governmental collapse on how to approach this task.”

—James Dobbins, Director of the International Security and Defense Policy Center at the RAND Corporation, and lead author of The Beginner’s Guide to Nation Building

"The enlightening case studies and overview essays in this impressive collection show how modern constitution-drafters face common problems and arrive at quite diverse solutions, some successful and others less so, all set in the precise political context the drafters face. The book is sure to be an essential resource for all those interested in constitutional development and regime transitions."

Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

"Constitution-making in a post-conflict country is fraught with many risks and traps: how can we avoid or find creative solutions to them? In this useful book, scholars and practitioners reflect on the experience of two decades. Most importantly, Framing the State in Times of Transition: Case Studies in Constitution Making demonstrates the critical importance of the process itself in producing a constitution that provides a solid foundation for peace--a lesson anyone interested in technical assistance and peacekeeping should remember."

—Jean-Marie Guéhenno, U.N. undersecretary-general for peacekeeping operations

"Constitution-making in a post-conflict country is fraught with many risks and traps: how can we avoid or find creative solutions to them? In this useful book, scholars and practitioners reflect on the experience of two decades. Most importantly, Framing the State in Times of Transition: Case Studies in Constitution Making demonstrates the critical importance of the process itself in producing a constitution that provides a solid foundation for peace--a lesson anyone interested in technical assistance and peacekeeping should remember."

—Jean-Marie Guéhenno, U.N. undersecretary-general for peacekeeping operations

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