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On the Law of PeacePeace Agreements and the Lex Pacificatoria$
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Christine Bell

Print publication date: 2008

Print ISBN-13: 9780199226832

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199226832.001.0001

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Constitutionalizing Conflict

Constitutionalizing Conflict

Chapter:
(p.199) 10 Constitutionalizing Conflict
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0011

This chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. Peace agreements are classically constitutions, with similarities to other forms of constitution and exhibiting their classic dilemmas. However, peace agreements are also distinctive in exhibiting and resolving constitutional law's classic dilemmas in peculiar ways. The distinctiveness of peace agreement constitutionalism is argued to lie in their conceptual hybridity as between international and domestic law, process and substance, and representative and participative democracy.

Keywords:   constitutional law, political constitutionalism, juridical constitutionalism, hybrid constitutionalism, metaconstitutionalism

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