Constituent Assemblies PDF
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i Constituent Assemblies Comparative constitutional law has a long pedigree, but the comparative study of consti- tution making has emerged and taken form only in the last quarter- century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifi es the large comparative scope of current research. The contributors discuss constituent assemblies in South Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, one of the inspirators of current interest in the topic, offers an analysis of the micro- foundations of constitution making, with special emphasis on the role of crisis- generated passions. Jon Elster is Robert K. Merton Professor of Social Science, Department of Political Science at Columbia University. He has authored more than twenty monographs, trans- lated into eighteen languages, and edited or coedited more than twenty other books. He has received nine honorary doctorates from universities on three continents, has been elected member of fi ve scientifi c academies, and is the 2016 recipient of the Skytte Prize, generally viewed as the most prestigious award in Political Science. Roberto Gargarella has written and edited more than twenty books, including L atin American Constitutionalism (2013) and T he Legal Foundations of Inequality (Cambridge University Press, 2010). He has been awarded a John Guggenheim Foundation grant, a Harry Frank Guggenheim grant, and a Fulbright grant. He has been a visiting professor with universities in Latin America, Europe, and the United States. Vatsal Naresh is a PhD student in Political Science at Yale University. His research interests lie in democratic theory, political violence, and constitution making. Bj ø rn Erik Rasch is Professor of Political Science at the University of Oslo. He has written or edited thirteen books, most recently Parliaments and Government Formation: Unpacking Investiture Rules (2015), and numerous journal articles in comparative poli- tics and political economy. (cid:1) ii (cid:1) iii COMPARATIVE CONSTITUTIONAL LAW AND POLICY Series Editors Tom Ginsburg University of Chicago Zachary Elkins University of Texas at Austin Ran Hirschl University of Toronto Comparative constitutional law is an intellectually vibrant fi eld that encompasses an increasingly broad array of approaches and methodologies. This series collects analyti- cally innovative and empirically grounded work from scholars of comparative constitu- tionalism across academic disciplines. Books in the series include theoretically informed studies of single constitutional jurisdictions, comparative studies of constitutional law and institutions, and edited collections of original essays that respond to challenging theoretical and empirical questions in the fi eld. Books in the Series Judicial Review in Norway Anine Kierulf The DNA of Constitutional Justice in Latin America: Politics, Governance, and Judicial Design Daniel M. Brinks and Abby Blass Engaging with Social Rights: Procedure, Participation and Democracy in South Africa’s Second Wave Brian Ray Constitutions, Religion and Politics in Asia: Indonesia, Malaysia and Sri Lanka Dian A. H. Shah Proportionality: New Frontiers, New Challenges edited by Vicki Jackson and Mark Tushnet Constituents Before Assembly: Participation, Deliberation, and Representation in the Crafting of New Constitutions Todd A. Eisenstadt, A. Carl LeVan, and Tofi gh Maboudi Assessing Constitutional Performance Tom Ginsburg and Aziz Huq Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka Benjamin Schonthal (continued after Index) (cid:1) iv (cid:1) v Constituent Assemblies Edited by JON ELSTER Columbia University ROBERTO GARGARELLA CONICET (Argentina)/CMI (Norway) VATSAL NARESH Yale University BJ Ø RN ERIK RASCH University of Oslo (cid:1) vi University Printing House, Cambridge C B2 8B S, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 314– 321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India 79 Anson Road, #06- 04/ 06, Singapore 079906 Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781108427524 DOI: 10.1017/9781316998748 © Cambridge University Press 2018 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2018 Printed in the United States of America by Sheridan Books, Inc. A catalogue record for this publication is available from the British Library. I SBN 978- 1- 108- 42752- 4 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of U RLs for external or third- party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. (cid:1) vii Contents List of Contributors page ix Introduction 1 Jon Elster, Roberto Gargarella, Vatsal Naresh, and Bj ø rn Erik Rasch 1 C onstitution Making in the Context of Plural Societies: The “Accumulation Strategy” 13 Roberto Gargarella 2 Constituent Assemblies in Democratic Regimes: The Problem of a Legally Limited Convention 31 Gabriel L. Negretto 3 Constituent Assemblies and Political Continuity in Divided Societies 57 Hanna Lerner 4 C onstituent Assembly Failure in Pakistan and Nepal 79 Mara Malagodi 5 Precautions in a Democratic Experiment: The Nexus between Political Power and Competence 109 Udit Bhatia 6 A Race against Time: The Making of the Norwegian Constitution of 1814 138 Jon Elster 7 Chain of Legitimacy: Constitution Making in Iceland 161 Thorvaldur Gylfason vii (cid:1) viii viii Contents 8 Constitution Making and Legislative Involvement in Government Formation 186 Cristina Bucur, Jos é Antonio Cheibub, Shane Martin, and Bjø rn Erik Rasch 9 The Political Psychology of Constitution Making 207 Jon Elster Index 2 47 (cid:1) ix Contributors Udit Bhatia is Lecturer in Political Theory at Lady Margaret Hall, University of Oxford. He is a doctoral candidate in the Department of Politics and International Relations at Oxford, and his research interests lie at the intersections of democratic theory, political representation, and social epistemology. He is the editor of The Indian Constituent Assembly: Deliberations on Democracy (2018). Cristina Bucur is Lecturer/ Assistant Professor in the School of Politics and International Relations at University College Dublin. Her research interests focus on executive– legislative relations and party politics in parliamentary and semi- presidential democracies. Her recent work has been published in journals such as Party Politics , Political Research Quarterly , C omparative European Politics , and French Politics. Jos é Antonio Cheibub is the Mary Thomas Marshall Professor in Liberal Arts at Texas A&M University. He has most recently coedited Parliaments and Government Formation: Unpacking Investiture Rules (2015) and is working on a manuscript titled Constitutional Parliamentarism: Executive– Legislative Relations in Early and Contemporary Parliamentary Regimes. Among his other books are Presidentialism, Parliamentarism, and Democracy (2007) and Democracy and Development: Political Institutions and Well-Being in the World, 1950–1990 (co-author, 2000). Jon Elster is Robert K. Merton Professor of Social Science, Department of Political Science at Columbia University. He has authored more than twenty monographs, translated into eighteen languages, and edited or coedited more than twenty other books. He has received nine honorary doctorates from universities on three continents, has been elected member of fi ve scientifi c academies, and is the 2016 recipient of the Skytte Prize, generally viewed as the most prestigious award in Political Science. ix (cid:1)
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