Resources > Academic article

Constitutional drafting and external influence

Zaid Al-Ali, Chapter 5 in Comparative Constitutional Law, Edited by Tom Ginsburg and Rosalind Dixon, Edward Elgar Pub (2011)

Through the study of a number of recent constitution-making processes, this contribution finds that varying circumstances have sometimes led external actors to exercise their considerable influence selectively, sometimes favoring particular areas of intervention over others. At the same time, there is strong evidence that areas of intervention that have been subordinated in favor of specific interests have in many cases resurfaced in later years as being particularly problematic. This contribution ends by arguing in favor of more equal treatment by external actors of areas including fundamental rights and the establishment of an effective system of government, while at the same time making a more concerted effort to prevent national drafters from settling on a set of rules that would threaten to increase the risk of conflict or that would lead to the establishment of ineffective government.

Continue reading Download