Jonathan Wheatley - Patterns of Constitutional Design: The Role of Citizens and Elites in Constitution-Making

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PATTERNS OF CONSTITUTIONAL DESIGN

Patterns of Constitutional Design

The Role of Citizens and Elites in Constitution-Making

Edited by

JONATHAN WHEATLEY

FERNANDO MENDEZ

both at Centre for Research on Direct Democracy (c2d),
Centre for Democracy Studies Aarau (ZDA) at the University of Zurich,
Switzerland

First published 2013 by Ashgate Publishing

Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Jonathan Wheatley and Fernando Mendez 2013

Jonathan Wheatley and Fernando Mendez have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Patterns of constitutional design : the role of citizens and elites in constitution-making.

1. Constitutional law--Africa. 2. Constitutional law--Europe. 3. Constitutional law--

South America. 4. Political participation--Africa. 5. Political participation--Europe.

6. Political participation--South America. 7. Elite (Social sciences)--Political activity--

Africa. 8. Elite (Social sciences)--Political activity--Europe. 9. Elite (Social sciences)--

Political activity--South America.

I. Wheatley, Jonathan. II. Mendez, Fernando, 1972

342'.02-dc23

The Library of Congress has cataloged the printed edition as follows:

Patterns of constitutional design : the role of citizens and elites in constitution-making / by Jonathan Wheatley and Fernando Mendez.

p. cm.

Includes bibliographical references and index.

ISBN 978-1-4094-6088-6 (hardback) -- ISBN 978-1-3155-9976-2 (ebook) -- ISBN 978-1-3170-8304-7 (epub) 1. Constitutional law--Political aspects. 2. Constitutional law--Social aspects. 3. Constitutional law--Citizen participation. 4. Conflict management--Political aspects. 5. Democratization. 6. Political participation--Social aspects. I. Wheatley, Jonathan, 1964 II. Mendez, Fernando, 1972

K3165.P374 2013

342.02--dc23

2013000258

ISBN 9781409460886 (hbk)

ISBN 9781315599762 (ebk-PDF)

ISBN 9781317083047 (ebk-ePUB)

Contents

Prologue: Constitutional Conventions, Constitutional Change
and Democracy
Andreas Auer

Introduction
Fernando Mendez and Jonathan Wheatley

1 The Constitution-Making Process: An Analytical Framework
Fernando Mendez and Jonathan Wheatley

2 Patterns of Constitution-Making over Time and Space
Fernando Mendez and Jonathan Wheatley

3 Outcomes of Constitution-Making: Democratization and Conflict Resolution
Jonathan Wheatley and Micha Germann

4 Constitution-Making in West Africa: Keeping the President in Check
Jonathan Wheatley

5 Transitions from Above: The Constitution-Making Process and the Consolidation of Democracy. The Cases of Spain, Brazil and Poland
Yanina Welp

6 Legality and Legitimacy: Constituent Power in Venezuela, Bolivia and Ecuador
Nina Massger Snchez Sandoval and Yanina Welp

7 Constituent Assemblies in Swiss Cantons
Ana Tornic and Nina Massger Snchez Sandoval

8 Popular Input, Territoriality, and the Constitution-Making Process: Comparative Reflections on the European Unions Supranational Experience
Fernando Mendez

9 Conclusion
Jonathan Wheatley

List of Figures

List of Tables

Notes on Contributors

Andreas Auer graduated in Switzerland (University of Neuchtel) and the United States (Southern Methodist University, Dallas) and has been Professor of Constitutional Law at the University of Geneva Law School (19802008) before joining the University of Zurich in 2008. He was formerly Dean of the Geneva Law School (20002003) and is currently Director of the Centre for Democracy Studies Aarau (ZDA) as well as of the Centre for Research on Direct Democracy (c2d) which he founded in 1993. Professor Auer has taught courses in constitutional law at the University of Antananarivo, Madagascar (1988, 1991, 1993, 1995), was a member of the Public Law Jury of the Conseil Africain et Malgache de lEnseignement Superieur (CAMES; concours dagregation 1993, 1995, 1997, 1999) and has been a constitutional expert for the Organisation internationale de la francophonie (OIF) on missions in Senegal, Benin, Togo, Chad and Mali.

Micha Germann is a doctoral researcher at the University of Zurich, ETH Zurich, and the Centre for Democracy Studies Aarau. He is currently engaged in a Swiss National Science Foundation project dealing with referendums on sovereignty issues. His focus is on the relationship between ethno-nationalist referendums and ethnic conflict. His research interests include direct democracy, civil war, and state repression. He is also interested and has conducted research on voting advice applications (VAAs).

Nina Massger Snchez Sandoval studied law at the University of Zurich and the Universit Franois Rabelais in Tours (France). After a research stay at the Instituto de Investigaciones Jurdicas of the Universidad Nacional Autonma de Mxico (UNAM) in Mexico City as a holder of a scholarship offered by the Emil Boral Foundation and the Swiss National Foundation, she is currently finishing her PhD thesis on the constitution-making processes in Venezuela (1999), Bolivia (20062009) and Ecuador (20072008). She is also currently doing an internship at the Office of Waste, Water, Energy and Air of the Canton of Zurich.

Fernando Mendez is a Senior Researcher at the Centre for Research on Direct Democracy and Director of the e-Democracy centre (eDC), both based at the University of Zurich. He is a Lecturer in Political Science on the Masters Programme at the University of Zurich and the Swiss Federal Institute of Technology (ETH) since 2007. Dr. Mendez holds a PhD in Political Science from the European University Institute, Florence. He has led various projects funded by the Swiss National Science Foundation (SNF) on aspects of direct democracy and constitutional change. Dr. Mendezs academic interests include direct democracy, comparative federalism, European integration, and comparative public policy. He has published across these various fields in journals such as the Journal of European Public Policy; Publius: The Journal of Federalism; Representation; Journal of Balkan and Near Eastern Studies; Public Law; and has co-authored a book on the European Union and e-voting. His most recent book, Referendums and the European Union, (co-authored with Mario Mendez and Vicky Triga) will be published with Cambridge University Press in 2013.

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