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Constitution-making and the Transformation of Conflict

journal contribution
posted on 2023-06-07, 22:24 authored by Vivien Hart
A constitution has traditionally been seen as the documentary record of a settlement of conflict. This traditional constitution is an enactive document, consummating the creation of a polity. Constitution-making has been a widespread practice in the many conflicted and divided societies of the late twentieth century. The issues of recent conflicts are concerned with the recognition of identities as well as with provisions for the legitimate exercise of power. This agenda necessitates a process as important as the product, both open-ended and open to participation. I propose that we reconsider constitution-making as itself a part of the process of conflict transformation. Defining constitution-making as a forum for negotiation or a continuing conversation amid conflict and division draws attention to the distinctive characteristics of modern constitutionalism and to the ways in which this process helps or hinders the transformation of conflict. Examples are drawn from recent constitution-making in Canada, Northern Ireland, and South Africa.

History

Publication status

  • Published

Journal

Peace and Change

ISSN

0149-0508

Publisher

Wiley-Blackwell

Issue

2

Volume

26

Page range

153-176

Department affiliated with

  • American Studies Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2012-02-06

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