Does a constitution-making process need to be deliberative ?

Episode 1 of the Constitutions For Democracy podcast, hosted by Michelle Olguin Flückliger, titled "Does a constitution-making process need to be deliberative ?" was published on January 19, 2022 and runs 26 minutes.

January 19, 2022 ·26m · Constitutions For Democracy

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Summary

Literature dedicated to analysing constitution-making has focused on the relationship between “the optimal design of the constitution-making process” (in Jon Elster’s words) and a “successful” constitution in terms of whether it is durable, supported by citizens and able to establish the desired framework of coexistence. Even though it cannot be said that there is agreement over the necessary characteristics for such success, authors have highlighted the importance of whether or not the constitution is drafted by a convention or constituent assembly created exclusively for that purpose, whether members of the body are popularly elected by means of a proportional system that allows for the representation of different social actors, whether deliberation and debate within the body is open to citizens and publicized, or whether the constitutional draft agreed upon is ratified by citizens in a referendum. Citizens participation and transparency are at the core of the idea of a legitimate constitution. With Guests: Elena García Guitián is professor of political science and public administration at Autonomous University of Madrid, in Spain. Since 1992, she has participated in several R&D research projects financed with public funds, mainly through the Center for Political Theory (associated with the UAM). Between 2009 and 2011 she was General Director of Relations with the Courts in the Ministry of Presidency (Spanish Government). Paul Blokker is professor at the University of Bologna, in Italy. His research interests include the sociology of constitutional law and of human rights, constitutional change, constitutional and political imaginaries, civic participation, and populism, in particular (but not only) in the context of East-Central Europe.

Episode Description

Literature dedicated to analysing constitution-making has focused on the relationship between “the optimal design of the constitution-making process” (in Jon Elster’s words) and a “successful” constitution in terms of whether it is durable, supported by citizens and able to establish the desired framework of coexistence. Even though it cannot be said that there is agreement over the necessary characteristics for such success, authors have highlighted the importance of whether or not the constitution is drafted by a convention or constituent assembly created exclusively for that purpose, whether members of the body are popularly elected by means of a proportional system that allows for the representation of different social actors, whether deliberation and debate within the body is open to citizens and publicized, or whether the constitutional draft agreed upon is ratified by citizens in a referendum. Citizens participation and transparency are at the core of the idea of a legitimate constitution.
With Guests: Elena García Guitián is professor of political science and public administration at Autonomous University of Madrid, in Spain. Since 1992, she has participated in several R&D research projects financed with public funds, mainly through the Center for Political Theory (associated with the UAM). Between 2009 and 2011 she was General Director of Relations with the Courts in the Ministry of Presidency (Spanish Government). Paul Blokker is professor at the University of Bologna, in Italy. His research interests include the sociology of constitutional law and of human rights, constitutional change, constitutional and political imaginaries, civic participation, and populism, in particular (but not only) in the context of East-Central Europe.