Introduction to Comparative Constitution Making: The state of the field

Abstract

This introduction to the Elgar Handbook of Comparative Constitution Making briefly lays out some of the most important recent debates in a burgeoning field. Part 1 defines constitution making and explores recent literature on why it is carried out. Part 2 considers recent work on the relationship between constitution making and “the people,” focusing on the theory of constituent power and its potential competitors. Part 3 looks at academic literature on the design of constitution making processes, focusing on three hotly-debated dimensions: the nature of the drafting body, forms of popular participation, and the role of courts. Part 4 considers the state of the art on the question of how constitution making might ameliorate or exacerbate various kinds of division, while Part 5 looks at the ways in which globalization and diffusion are impacting practices of constitution making, and the underlying question of convergence or divergence of constitution making models. Finally, Part 6 provides a map for the 25 substantive chapters that make up the rest of the handbook.