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Territory and Power in Constitutional Transitions

Edited by: George Anderson, Sujit Choudhry

ISBN13: 9780198836544
Published: March 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £86.00

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This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina.

While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally.

The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

Constitutional and Administrative Law
1: Territorial Cleavages and the Bolivian Constitutional Transition, Gustavo Bonifaz Moreno and George Gray Molina
2: Bosnia and Herzegovina, Marie-Joelle Zahar
3: The 2002-2004 Annan Plan in Cyprus: An Attempted UN-Mediated Constitutional Transition, Neophytos Loizides and John McGarry
4: Emergence and Transformation of Territorially Based Cleavages and Constitutional Responses in Ethiopia, Assefa Fiseha
5: States Reorganization and the Accommodation of Ethno-Territorial Cleavages in India, Harihar Bhattacharyya
6: Dealing with Territorial Cleavages in Constitutional Transitions in Iraq, Zaid Al-Ali
7: Indonesia: "Special Autonomy" for Aceh and Papua, Jacques Bertrand
8: Constitutional Transitions and Territorial Cleavages: the Kenyan Case, Yash Ghai and Jill Cottrell
9: "Godot has Arrived!" Federal Restructuring in Nepal, Mara Malagodi
10: Nigeria's Permanent Constitutional Transition: Military Rule, Civilian Instability, and the Unending Search for Democratic "True Federalism" in a Deeply Divided Society, Rotimi Suberu
11: The Philippines: Peace talks and autonomy in Mindanao, Bryony Lau
12: The Withering away of Politically Salient Territorial Cleavages in South Africa and the Emergence of Watermark Ethnic Federalism, Nico Steytler
13: Spain: Constitutional Transition through Gradual Accommodation of Territories, César Colino, Luis Moreno, and Angustias Hombrado
14: Sri Lanka's Failed Peace Process and the Continuing Challenge of Ethno-Territorial Cleavages, Asanga Welikala
15: After the Scottish Independence Referendum: Towards a Federal Moment for the United Kingdom?, Stephen Tierney
16: Dealing with Territorial Cleavages: The Rise and Fall of Ukraine's Faustian Bargain, Lucan Way
17: Yemen's Failed Constitutional Transition, George Anderson
18: Processes of Constitutional Transitions in the Face of Territorial Cleavages, Cheryl Saunders
19: Constitutional Design and Territorial Cleavages, Tom Ginsburg
20: Territorial Cleavages and Constitutional Transitions: Political Mobilization, Constitution-Making Processes, and Constitutional Design, George Anderson and Sujit Choudhry