Constitutions are considered tools to entrench peace and the rule of law; however, using constitutions to fulfil these demands raises challenges and so requires new way of thinking on how constitutions are drafted/amended in such contexts. A result of these demands is that it has become necessary to simultaneously pursue the sometimes-inconsistent requirements of peace-making...
(Un)constitutional change rooted in peace agreements
Peace agreements concluded after internal armed conflicts often stipulate radical constitutional change. When this is envisioned to take place within an existing constitution, it creates normativity clashes between the constitution and the peace agreement by circumventing constitutional amendment procedures or conflicting with the unamendable constitutional principles. This paper sets out the manifestations of such clashes...
Constitution-making at times of war: Lessons from Libya, Yemen and Syria
Over the past three decades, constitution-making has emerged as a key tool in peace-building processes. Scholarly debates highlight several preferences on the tension/articulation between peace-making and constitution. However, little attention has been paid to a sub-category of constitution-making in the context of violent conflicts: constitution-drafting at times of war. This paper attempts a tentative analysis...
History and the constitution
Sajó argues that constitutions, rather than being forward-looking, ‘reflect the fears originating in, and related to, the previous political regime‘. Exploring this thesis in reference to contemporary constitutions drafted as part of peace-making or regime change processes, I argue that not only are constitutions shaped by historical circumstances, but that they create and utilise historical...
Silences in constitutions and space for self-determination
The silences that are present in a constitution, most especially, in a constitution that is in competition with political violence, are of equal relevance to the constitutional language and canon. Such silences may be intended to leave space where consensus could not be found, allowing the constitution to be open to future interpretation. They may...