Constitutional Drafting Process Research Articles

An Equilibrium of Education Policy by Dr. Ambedkar - A Visionary Aim with Landmark Change Over in India

His words become true, as proved by Dr. Ambedkar with his unstoppable efforts to eradicate the weeds in our country by drafting the Constitution of India and subsidizing various policies and measures. He was the one who paved the way for revolutionary moments on education in India and also believed that “Education is a key to attaining uniformity and regularity to fulfil human needs”. The major obstacles to obtaining the fruit of wisdom were rejected on the grounds of unequal practices and untouchability’s, racialism, upper and lower class people were diverged by the name of case, religion, etc., he is the one who broke up the chain of inequality by framing the “Rule of law” concept under Article 14 - Every person should be treated equally before the law, also by guaranteeing their freedom of expression under Article 19 and protect their right to live with dignity under Article 21 of Indian constitution. He worked tirelessly to provide equal access to education for all Indian people during the constitution's drafting process, free from discrimination or repression. The educational ideas of Dr. Ambedkar, and the laws that were created in accordance with his vision of an ideal society are then the subject of this research paper. Education not only educates the citizens about their rights and how to exercise them, but also about human dignity & justice. Keywords: policy, education, human rights, dignity, and justice.

Nepalese Political Leadership in Relief Distribution and Constitution Drafting Process after Earthquake-2015

This paper discusses the characteristics of leadership in Nepalese politics specifically after the earthquake of 2015.With some examples from the context, it argues that leadership like other techniques prioritizes on the elements like caring, problem solving and facilitation. It makes attempts to promote sustainability in the social and capital structure of the nation. Again, it challenges long rooted social problems like discrimination, injustices and inequalities leading towards unity in diversity of culture, tradition and ethnicity. In exercising the power in Nepali society, there are a number of leadership styles like charismatic, authentic, feudalistic, authoritative, democratic, transformational, spiritual, and ethical in practice. However, we find lacking of responsibility in the tendency of exercising leadership in our context. This article highlights the drawbacks like arise of conflict due to the lack of responsibility in leadership. It further discusses attributable factors causing harm in the peaceful and prosperous setting of society. Thus it hopes in developing the culture of responsibility in crafting leadership styles in various sectors of the Nepalese community in times to come for a better social order.

Tunisian Exceptionalism: The Role of Civil Society in Tunisia's Transition

Tunisian Exceptionalism:The Role of Civil Society in Tunisia's Transition Ayfer Erdoğan (bio) Introduction Even under authoritarian rule and despite several limitations, Tunisian civil society formed a counterweight to the state power by making up a sphere of civilian activity beyond the state. Unlike many other countries in the region, the authoritarian leaders in Tunisia allowed and even publicly encouraged the growth of some forms of civil society which were not disentangled from the liberal economic development strategy adopted by Zine El Abidine Ben Ali. Tunisia was one of the first countries to disengage from "Arab socialism" and it pursued a liberal development strategy, creating a strong private sector and the cultural norms of entrepreneurship and individuality.1 Rather than repressing civil society entirely, Ali pursued a selective liberalization policy and adopted state-monopolized civil society framework, which enabled him to advocate for economic development and, at the same time, get rid of the pluralist effects and democratizing consequences of civil society.2 [End Page 67] Hence, civil society organizations mainly located in the capital Tunis and coastal cities, such as Sfax and Sousse, operated within the restrictions posed by the Ben Ali regime. Civil society could not reach its full potential, yet, in parallel to the state-monopolized civil society, there existed an informal activist network that grew underground. During Ben Ali's rule, the Tunisian public was actively involved in "formal and informal modes of resistance" through unions, social media, youth movements, and grassroots.3 Both formal and informal networks of civil society have generated a culture of dissent that created the basis for resistance against Ben Ali. In the case of post-revolution Tunisia, the new constitution and legitimate political institutions came into existence thanks to the involvement of a group of civil society actors including activists, unions, and non-governmental and women's organizations. In each phase of the transition, civil society groups have struggled to maintain the democratic nature of the transition. When political tensions arose, civil society actors mediated among different political groups and initiated a broad national dialogue. The inclusive and consensual manner in which the constitutional drafting took place owes a lot to Tunisia's strong civil society with its monitoring the draft laws and engaging with members of the assembly to reflect people's demands. Up to the present, civil society has maintained its role in checking on the government's policies and organizing protests and sit-ins when they are not in line with the objectives of the revolution. This article first analyzes the historical evolution of the Tunisian General Labor Union (Union Générale Tunisienne du Travail–UGTT), a primary actor of the uprisings that took place against the regime since the country's independence. Second, it continues with an analysis of the critical role played by civil society and unions during the Jasmine Revolution and the turbulent transition of Tunisia. Finally, it investigates civil society's role in the constitutional drafting process and the implementation of policies in the sphere of politics, economy, and transitional justice. The Historical Evolution of the Labor Movement Tunisia has an organized labor movement as embodied by the UGTT since 1946, and it has been unique in terms of its history, political influence, and social dimension in the MENA region. Throughout Tunisian history, the UGTT's sphere of influence was much larger than an average trade union, which simply advocates for workers' rights and demands. Farhat [End Page 68] Hached, the founder of the UGTT, learned about union activism in the French communist-leaning union, Confédération Générale du Travail (CGT), where he had been a member for fifteen years before he founded the union in Tunisia. He resigned from the CGT due to its lack of support for Tunisians' struggle to gain independence from France, which clearly indicated that the UGTT has been more than a labor union from its inception.4 Besides, the labor movement has been rather independent compared to other labor movements in the region, as it does not owe its existence and origin to the state. Rather, the class of "formally free" wage earners and their introduction to trade union activism can...

Better Activism, Feminist Organisations Responses In Post-Revolution Tunisia

Abstract In the post-revolution period, women’s rights in Tunisia was a primary topic debated all through the new constitution drafting process. A heated debate between the Islamists and the so-called secularists about this issue was raised that has created tension between the two sides. Tunisia has collaborative and vibrant civil society activists who played a crucial role in protecting women’s rights. This research intends to focus on the discourses of change in gender roles that have been raised in post-revolution and on the role played by civil society in protecting women’s rights. This study aims to analyse data and recent events related to this subject, relying on secondary data sources to draw a clearer picture and to construct a deeper academic analysis of this topic.

Empirical Research on Constitutional Drafting Processes Following War or Internal Disturbances in Iraq, Tunisia, Kosovo and Sudan

Constitutional drafting is a complex procedure. Every year, nonetheless, the world witnesses the birth of several constitutions. The drafting of constitutions, however, differs greatly from one to the other; this depends mainly on the state of affairs in each State and the causes behind the need for a new constitution. In post-conflict States, the success of the constitutional drafting process depends on various factors including, inter alia, the inclusiveness of the process; transparency; equal representation in the bodies involved in the drafting; public participation; as well as the role the international community plays. All of these factors have great implications on the success, or failure, of not only the constitutional drafting process, but also on the whole peace-building process in post-conflict societies. In other words, a successful constitutional drafting process must be nationally-led and owned while targeting the root causes of the conflict. While it may be aided by international components, the process must reflect the geo-ideological differences within a State, whether cultural, tribal, ethnic or religious. This article gives an empirical account of the constitutional drafting processes adopted as a consequence of internal conflict in Iraq, Tunisia, Kosovo, and Sudan. The paper discusses the general drafting process; the bodies involved; procedural shortcomings; and any international influence.

محاضرة حول الدستور الذي نريد؛ضمن ورشة المبادئ الدستورية المنعقدة بالشراكة ما بين مركز (The Constitution we desire? ( Public Lecture))

Arabic Abstract: من أبرز العبارات التي كانت تتردد حينما يذكر الأساسي الفلسطيني– الوثيقة الدستورية المؤقتة المستخدمة من قبل السلطة الوطنية الفلسطينية- قولهم: القانون الأساسي لا يستطيع أن يطبق حتى على الحبر الذي كتب فيه. للأسف هذه العبارة تدل على مدى هشاشة هذا القانون، ولكن ربما لا يكون هذا هو الإشكالية الوحيدة؛ ففي أيلول عام 2016 تم الانتهاء من كتابة مسودة الدستور، وهو دستور مؤقت، لكن الخطورة تكمن فيما إذا كان الدستور المكتوب سيعيد إشكاليات الأساسي نفسها، من حيث الأسس المفترض النظر لها عند كتابة الدستور؛ هل هذا الدستور ديموقراطي؟ وهل هو حساس للنوع الاجتماعي؟ وهل هو ملك للشعب؟ فالأسس التي يفترض تواجدها في الدستور حتى يعد حساسا للنوع الاجتماعي تتمثل في: اللغة المستخدمة، مواءمة الاتفاقيات الدولية للنصوص الدستورية والقوانين الأدنى، و المشاركة المتكاملة من خلال نصوص الدستور. و حتى يحقق الدستور الهدف المرجو من كتابته؛ لا بد من التفكير في مرحلة ما بعد الدستور (آلية تنفيذه)، والتي تتمثل في دور المحاكم الدستورية والنهج التفسيري المتبع فيها، والذي يلعب دورا أساسيا في تأكيد أهمية مراعاة النوع الاجتماعي في هذه العملية. حتى نستطيع الإجابة على تساؤلاتنا حول مدى ملاءمة مسودة دستور الدولة الفلسطينية التي نسعى جميعا للوصول لها والتي نأمل أن تكون مبنية على أسس ديموقراطية، سيتم تقسيم هذه المحاضرة إلى أربعة محاور: أولا- سيتم طرح مفهوم الدساتير، ثانيا- سيتم مناقشة الصياغة الدستورية نظريا مع التركيز على دور السلطة التأسيسة الأصلية في عملية الصياغة، ثالثا- من خلال شرح المفاهيم السابقة سيتم الحديث عن دور النساء في صياغة الدساتير من حيث آلية، ومشاركة المرأة، ومكانة الاتفاقيات الدولية ولغة الدستور المستخدمة في الصياغة، رابعا- هذا النقاش النظري سيتم اسقاطه على الوضع الفلسطيني المتعلق بمسودة (2016) لمراجعة ما إذا كانت هذه المسودة حساسة للنوع الاجتماعي أم لا. English Abstract: In recent years, the topic of women and constitution, historically untouched and ignored in Palestine, has been highlighted much recently by civil society organizations, largely via a successful constitutional awareness campaign. These organizations, as well as the Centre for Constitutional Studies, are investigating how to help women’s groups achieve their main goal of obtaining a seat at the decision-making table at the next stage of the constitution-making in Palestine. Throughout several meetings starting in September 2018, I caught a glimpse into the struggles and triumphs of the women who are advocating for an engendered constitution. In my conversations with these women, the most moving aspect of their work was their continued insistence that having engendered articles in the constitution is not enough, but that the newly established constitutional court also uses a method of interpretation that is gender sensitive. In order to understand what kind of engendered constitution is required and how to achieve it. This Lecture is divided into four sections. First, the lecture will begin by exploring the concept of a constitution. Second, the Lecture discusses the constitutional drafting process from a theoretical point of view. Third, with the context now established, the paper then explores how a constitution can become inclusive of women and gender sensitive. Finally, this theoretical discussion is applied to the Palestinian case study, exploring the extent that its new constitutional draft (of 2016) is engendered.

Constitutionalism and Legal Change in Myanmar ed. by Andrew Harding

Reviewed by: Constitutionalism and Legal Change in Myanmar ed. by Andrew Harding Elliott Prasse-Freeman Andrew Harding, ed. with the assistance of Khin Khin Oo. 2017. Constitutionalism and Legal Change in Myanmar. Oxford and Portland: Hart, 312 pages; ISBN 1849467900 For nearly thirty years, since Burma's military regime nullified the 1990 election results and commenced a decades-long Constitution-drafting process that produced the country's current central charter in 2008, the "constitutional question" has dominated the country's political discourse. While debate rages over the Constitution's affordances—as those condemning it as pre-empting true democracy contest those who insist that it can be navigated to positive ends—the sheer glut of discussion makes the dearth of scholarly legal analysis noteworthy. Constitutionalism and Legal Change in Myanmar addresses this gap, providing the first book "in English on constitutional law or constitutionalism in Myanmar since" 1961 (Harding, v). More importantly, each of the volume's thirteen chapters tackles the central question of affordances: what can be done within the legal architecture manufactured by a military-drafted Constitution? While acknowledging that Burma's constitution is profoundly flawed, the authors argue that it should be engaged not as a "final product. . . but rather as a basis for further development" (Harding, vii). But development in what direction? Such is both the enabling factor of this volume and the quandary that lurks implicit within it: can Burma's Constitution be a tool that leads an unraveling of its own authoritarian aspects? Or will it, conversely, capture those trying to use it, undermining democracy through its fundamental limitations? [End Page 150] An Exceptional Constitution In addressing this issue, many of the volume's essays feature scholars wrestling with the legal, and ultimately philosophical, concept of the exception: exceptions inscribed in the Constitution's fabric, extrajudicial exceptions to those exceptions, and finally the exceptions the authors see as necessary to undermine such "exceptional" aspects. The most obvious exception is, as Myint Zan puts it, the way the Constitution "authoriz[es] a formal, constitutional takeover by the military" (Myint Zan, 31). Renshaw adds associated corollaries, in which "applications to the Supreme Court may be suspended in times of war, foreign invasion or insurrection,"and that the military is made immune from prosecution (Renshaw, 221, 231). Renshaw also points out that rights, such that they are, are only constitutionally guaranteed for citizens, meaning that those denied citizenship—such as the Rohingya—are ineligible for protections. While much has been made of the constitutional exceptions, Crouch identifies a different one, arguing that "the more immediate, everyday threat" to society lurks in the Code of Criminal Procedure, which includes an emergency exception that "gives a magistrate the power to issue an order for stability and social control" (Crouch, 161). Crouch demonstrates that while "the text characterizes this power as judicial. . . [and] temporary," she shows that the executive has appropriated it, amounting to martial law that "no longer respects temporal bounds" (Crouch, 167). In other words, those in power have even arrogated the power to execute multiple exceptions to the exception. This "double exception" is also illustrated by Nardi and Khin Khin Oo's respective articles on the 2012 Constitutional Tribunal impeachment debacle, in which 301 MPs dismissed all nine members of the Tribunal for having voted to restrict parliament's ability to form committees. This action not only undermined a critical "check and balance" mechanism but was also blatantly unconstitutional: [End Page 151] decisions made by the Tribunal are meant to be final and not subject to appeal. Nardi argues that this exception was made because "relatively few civilian politicians had a stake in the 2008 Constitution as it was written, much less in a mechanism that would enforce it" (Nardi, 188). Eliminating Exceptions to Exceptions with Exceptions? However, eliminating such exceptions—by amending the Constitution—appears virtually impossible, given the military's retention of an effective veto (amendments require greater than 75% ratification and it preserves 25% of the seats). In his chapter, Harding points out that the Constitution's key parts are even more difficult to amend than the common 25%/75% gloss conveys: some command a referendum, which "requires organizing the equivalent of a general...

Constituting the occupation: preventive detention and permanent emergency in Kashmir

ABSTRACTThis article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at the time of independence have been legitimized through rights regimes established through the constitutional structure and institutionalized through laws, executive orders, and the judicial system. We examine how India's legal incorporation of Kashmir was embedded in the constitutional drafting process and the extension of fundamental rights to the region through presidential orders, and how this legal incorporation became sedimented through the work of the courts across time. Building on Ranabir Samaddar's discussion of “colonial constitutionalism,” we consider “occupational constitutionalism” as a form of foreign dominance and control produced through the annexation of part of Kashmir's territory and its legal sovereignty to India in the aftermath of independence and reproduced through a series of legal mechanisms and processes across time that institute a state of emergency and permanent crisis in Kashmir.

Women and the Making of the Tunisian Constitution

This article attempts to glean from field interviews and secondary sources some of the sociopolitical complexities that underlay women’s engagement in Tunisia’s 2011-14 constitution-making process. Elucidating such complexities can provide further insight into how women’s engagement impacted the substance and enforceability of the constitution’s final text. We argue that, in spite of longstanding roadblocks to implement and enforce constitutional guarantees, the greater involvement of Tunisian women in the constitution drafting process did make a difference in the final gender provisions of Tunisia’s constitution. Although not all recommendations were adopted, Tunisian women were able to use an autochthonous process to edify the country and set the foundation for greater rights consciousness. This article also seeks to define the degree and nature of external influence on national efforts to advance women’s rights and on the drafting of Tunisia’s gender provisions. Although our research suggests that international forces had less of an impact on the Tunisian constitution-making process than we had assumed initially, we also found that many Tunisian women still saw themselves as part of a transnational women’s movement in which they were able to engage with a broad network of international women’s groups and transnational stakeholders. Our conclusion, thus, is that the Tunisian constitutional project, at least in regards to its gender provisions, can be regarded as intermestic in the sense that it drew directly or indirectly from both local and transnational sources. This shows that even when drafters are able to create constitutions that fit local contexts, they are still deeply influenced by international human rights provisions and relevant structural frameworks. Finally, this article summarizes some of the early efforts to translate constitutional guarantees into enforceable legislation. While we have deemed Tunisia’s drafting process as a success in participatory constitution-making, the country has a considerable way to go to ensure that “equal opportunities for men and women” as guaranteed in its new constitution become a reality for Tunisians in their daily modes of existence.

Organized Interests in Constitutional Assemblies

How does the way organized interests are included in constitution-drafting processes effect their capacity? Two recent examples of post-revolutionary constitution drafting in Egypt and Tunisia provide evidence that the way trade unions are included in constitutional assemblies matters a great deal. These cases suggest that not just whether organized interests are included in the constitution-drafting process but how impacts their long-term influence. Prior to the revolutions, both countries used corporatist labor practices including hierarchical, exclusionary labor confederations with close ties to the regime. Despite similar origins, labor-state relationships evolved differently. Tunisia’s Union Générale Tunisienne du Travail (UGTT) enjoyed an “external” role and little formal challenge as interest aggregator for trade unionists; Egypt’s Trade Union Federation (ETUF) faced challenges from independent trade unionists and little influence in government. These differences can be seen through an understudied realm of contestation: the constitutional assemblies. These outcomes are in part a result of the different ways these assemblies were crafted, and the way trade unionists interacted with politicians as a result. This article is based on original fieldwork in Egypt and Tunisia with politicians, trade unionists, and activists conducted between 2011 and 2014.

Arab Spring constitution-making: polarization, exclusion, and constraints

ABSTRACTWhat determines the balance that democratizing constitutions strike between majority empowerment and individual rights? Some constitutions deliberately handicap state power to forestall threats to liberty, while others try to empower the government to hold the country together. We answer this question in the context of post-Arab Spring constitution-making, hypothesizing a U-shaped relationship between polarization among politically significant factions and net majority-empowering provisions in constitutions of new democracies, a relationship mediated by breadth of inclusion in the constitutional drafting process. We test the hypothesis through a controlled case comparison of Tunisia, Libya, and Egypt, the three Arab-majority countries in which protestors successfully toppled authoritarian regimes.

Contextualizing constitutional Islam: The Malayan experience

The incorporation of references to Islam and Islamic law (such as the establishment of Islam as the state religion, or the “establishment clause”) in modern constitutions is now a recognized phenomenon. The scholarship on these clauses has been focused on an examination of their judicial interpretations, with some attention to the historical contexts of their adoptions. A deeper contextual inquiry into the adoption, or rejection, of these clauses promises a more meaningful understanding of the phenomenon of constitutional Islam—in historical and contemporary settings—than has yet been achieved. This article proposes a contextual approach to constitutional Islam and uses it to examine the making of the Federation of Malaya independence Constitution of 1957. In examining both the dynamics within the country and the international context in which the constitutional drafting process took place, this article shows that the establishment clause was attached to debates about many other constitutional issues and that its adoption was ultimately an attempt to provide another avenue of constitutional advantage for ethnic Malays.

Vietnam in 2013

This essay reviews Vietnamese politics in 2013 through the lens of the constitutional drafting process and the unprecedented confidence vote in the National Assembly. Both events were framed by the country’s ongoing economic struggles, elite political contestation, international integration, and a more informed public, fueled by an increasingly active blogosphere. The events foreshadow how future Vietnamese leaders can no longer rely on deep reservoirs of patriotism for legitimacy. Performance matters now more than ever.

Iceland: The Birth of the World's First Crowd-Sourced Constitution

Following the country's devastating economic crash in 2008 and the liberal ‘Pots and Pans Revolution’ it precipitated, Iceland embarked on a novel, massively participatory constitutional drafting process in a bid to establish a new Constitution for the Nordic island nation. This involved a world-first use of ‘crowd-sourcing’ and social media to gather ‘citizen generated content’ in the final Draft Constitution. The Draft's current status is uncertain, however, as it has not yet been ratified by the Althingi, the Icelandic Parliament. This note, written from the perspective of a Rejkjavik public lawyer and one of the 25 Members of the Constitutional Council, tells the saga of the world's first crowd-sourced constitution, the social and economic environment in which it was conceived, and speculates as to the circumstances which might lead to its revival.

The Provisional Constitution of the Federal Republic of Somalia: Process, Architecture and Perspectives

<section class="abstract"> Much ink has been spilled over the Republic of Somalia. Somaliland became synonymous for pariah state and was in the spotlight and in the immediate interest of international organisations and intergovernmental bodies due to the continuous deadlock and unsolvable political turmoil. Quite recently, the country attracted the interest of the international community as a new Constitution was adopted, and thus the Republic of Somalia joined the club of numerous African countries, such as Tunisia, Egypt, South Sudan, and Libya with a new constitutional order. The Constitution was adopted with the aim of terminating a long period of tensions, warfare, political turmoil, and often chaos, by establishing efficient political institutions and introducing governance that is more responsive and accountable to its people. In this Note, I review and evaluate the Somali Constitution, while the aim is to provide an overview of the role of the constitutional drafting process and the new constitution in the political era of the post conflict Somalia. The analysis begins by considering the recent political environment of Somaliland, and the whole process that led to the new Constitution. This will be followed by a detailed discussion about the major components of the Constitution, elaborating on the architecture of the polity. Finally, the last part will be devoted to an attempt to highlight the benefits and the deficits of the new constitution. </section>

Libyan constitutionality and sovereignty post-Qadhafi: the Islamist, regionalist, and Amazigh challenges

Since the overthrow of Muammar Qadhafi, Libya's political and security institutions have suffered from a power vacuum. The interim governments' absence of ‘real power’ has been mirrored by their corresponding absence of ‘abstract authority’. Both dynamics are indicative of an ongoing struggle over what constitutes sovereign, legitimate authority in post-Qadhafi Libya. From the National Transitional Council's (NTC's) inception until its handover of power, it claimed to possess ‘temporary’ sovereign authority – sufficient to administer Libya and define the rules of the post-Qadhafi transitional phase. Throughout the protracted constitutional drafting process, the country has been ‘governed’ according to the Temporary Constitutional Declaration (TCD) issued by the NTC in August 2011. Amendments to – and popular contestation of – the TCD have constrained Libya's political evolution, impeded the constitutional drafting process, and impinged upon the legitimacy of the General National Congress (GNC)– the NTC's successor body. This article will illustrate how and why the TCD was contested by Islamists, federalists, and certain Berber groups. Our use of copious Arabic primary source material allows the views of these groups to be presented in their own words. The NTC's responses to its challengers reveal a distinct pattern: it attempted to incorporate Islamists into its framework, it appeased Cyrenaican federalists, and it ignored the grievances of Berber activists. The implications of this highly unbalanced strategy remain at the core of Libya's present instability and the GNC's inability to stand up against its myriad challengers.

Occupy the Social Contract! Participatory Democracy and Iceland's Crowd-Sourced Constitution

Recent responses to the global economic crash of 2008, such as Occupy Wall Street and other political encampments, have raised important questions about the constitution of the “we” and the relationship between democracy and change in the context of contemporary capitalism. To address these important new political developments, this article argues for “participatory contract building” as a new direction in critical contract theory and participatory democracy. In order to unpack this approach, it analyzes the recent “crowd-sourced” constitution-drafting process in Iceland. It is suggested that this example may provide a platform for a multi-tiered practice of participatory contract building, one that engages the many places in which we find ourselves subject to contractual relations in ways that offer people more opportunities to make meaningful decisions about the power relations that shape our lives.

Drafting Egypt's Constitution: Can a New Legal Framework Revive a Flawed Transition?

As the fundamental document establishing a framework for governance, the new Egyptian constitution will have a lasting effect on Egyptian law, politics, and society for years to come. However, Egypt’s transition is shaping up to be a case study in how not to initiate a constitution-writing process. If Egypt is to emerge with a stable constitutional order that protects basic rights, it will be in spite of the mismanaged transition dictated by the ruling Supreme Council of the Armed Forces (SCAF). This paper examines the most important issues and actors in Egypt’s constitution drafting process, with a special focus on how procedural deficits may result in substantive shortcomings in the new constitution itself. The paper draws attention to the gulf between “best practices” in constitutional design and the political realities of the Egyptian transition. Policy recommendations are presented in light of these realities.The English version of this paper can be found at: http://ssrn.com/abstract=2007085

Drafting a Constitution for a 'Country of Words': The Palestinian Case

“We have a country of words. Speak speak so I can put my road on the stone of a stone. We have a country of words. Speak speak so we may know the end of this travel” (Mahmoud Darwish). Can words - rather than a State (or army) - constitute a country? It may be made of land, rivers, forests or deserts - yet without its inhabitants’ words there would be no map to draw, no tale to sing, no country to speak of. Palestinian tales abound. They speak of departed lands, vanished homes, forfeited livelihoods. They lament internal wrangling, squeal occupational anger, seek to whisper away those quotidian checkpoint humiliations. Yet they also speak of hope. If there ever were such a thing as “authoritative hope”, the ongoing Palestinian constitution-drafting process may be it. But hope cannot be formalized, let alone authorized. And there is some danger in pretending otherwise.

Between Demos and Ethnos: The Nepal Constitution and Indigenous Rights

AbstractThis article examines the contested reception of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (“ILO Convention 169”) in Nepal, particularly in the context of current constitutional reform and post-conflict economic development. Compelling evidence suggests that exclusionary political institutions, laws and structures have been the major cause of exclusion in contemporary Nepal. While Nepal is home to a range of different ethnic, language, religious and caste-based groups, the Adivasi Janajati (around 37 per cent of the population) consider themselves indigenous peoples. With such a sizeable minority, Nepal was the first and so far only Asian country to ratify the ILO Indigenous and Tribal Peoples Convention 169, which has considerable significance in a context of state restructuring and the accommodation of indigenous rights. The form of recognition of indigenous rights in the constitutional drafting process has created much heat, particularly over questions of autonomy and federalism, control over natural resources and land and quotas for political representation, but with less light concerning political consensus. The ILO Convention 169 has figured prominently in this process with various interpretations by different actors. Reconciling international meanings of this treaty with national interpretations used for political purposes in Nepal foregrounds a paradox existing between liberalism (in the form of rights and freedoms) and equality (democracy). Through a range of disciplinary methods, this article analyses the background to indigenous demands, the political and legal contestation over the interpretation of ILO 169 and the specific case of natural resources.