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Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering$
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Jan Zielonka

Print publication date: 2001

Print ISBN-13: 9780199244089

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0199244081.001.0001

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Constitutions and Constitution‐Building: A Comparative Perspective

Constitutions and Constitution‐Building: A Comparative Perspective

Chapter:
(p.25) 2 Constitutions and Constitution‐Building: A Comparative Perspective
Source:
Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering
Author(s):

Robert Elgie (Contributor Webpage)

Jan Zielonka (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199244081.003.0002

Examines the nature of constitutions and the constitution‐building process, focusing on some of the most important choices that constitution builders face. The chapter is divided into four main sections. The first section explores the complex relationship between democracy and constitutionalism. The second section identifies two major constitutional types and considers whether or not constitution builders should adopt a codified constitution. The third section addresses a timetable for constitution‐building and the execution of political power, including the limits imposed on democratically elected parliaments and referenda as a legitimizing strategy. The fourth section discusses the product of constitution‐building and the responsibilities of the framers.

Keywords:   constitutionalism, constitution‐building, constitutions, democracy, legitimacy, parliaments, referendum

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