UN's Interventions on the Constitution-Making Process in Political Transition States: The Role of the UN in the Rescue of the Democratic Order (Introduction)

Abstract

The present work aimed at verifying the institutional ability of United Nations (UN) to contribute to the generation of a legitimate order in those countries passing through stages of redemocratization from the perspective how it undertakes the constitution-making process. The research was made from a path, wich comprises the democracy, the democratization, the analysis of transitional constitutionalism, transformative constitutionalism and democratic constitutionalism, and the theoretical and empirical framework in the field of consolidating democracy and creation of a constitution by UN view. Determined these assumptions, the theoretical dimension in the constitution-making process that the UN can promote is, in theory, a unique building architecture, with capability to social and human development support. This dimension aligns itself with theoretical and abstract concepts of the democratic, transformative and transitional constitutionalisms, once it invests in the potential of modifying a policy of segregation status for the implementation of an evolutionary social reality scenario in which it occurs. It is noticed that the displacement of the concepts, created by the UN to a country that is going through a political transition process, requires primarily a tune with the reality in which they focus, once that the research revealed a high potential to generate a illegitimate constitutional charter. Finally, transition constitutionalism and transformative constitutionalism are able to find answers to the forging of a legitimate and democratic constitution, because they are enablers of the formation of the collective will. Additionally, it points out for legitimization of further prognosis of fundamental charter for a finely tuned constitutional practice with the concept of democratic constitutionalism of Post and Siegel.