Restoration Constitution-Making
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William Partlett
Senior Lecturer at Melbourne Law School
Abstract
This Article will examine an important - but largely ignored - approach to constitution- making: The use of restored constitutional orders as the basis for the creation of a new constitutional order. Looking at this ‘restoration constitution-making’ in post-communist constitutional transition, it will describe how restoration held both advantages and disadvantages. On one hand, restoration improved the politics of constitution-making by helping to avoid the elite manipulation of extraordinary institutions during constitutional drafting. On the other hand, the restoration of decades-old constitutions also led to restored laws that privileged past generations and undermined broad popular participation. Finally, restoration was an important part of gaining international recognition for independence. This international component suggests that constitution-making is about more than just domestic politics. These findings are an important first step in understanding the potential of restoration to ensure a successful constitutional transition.
About the author
Senior Lecturer at Melbourne Law School
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party
