JOURNAL ARTICLE
¿Cómo pueden fracasar los procesos constituyentes?How can constitution-making processes fail?
Published In: International Journal of Constitutional Law, 2023, v. 21, n. 5. P. 1387 1 of 3
Database: Legal Source 2 of 3
Authored By: Verdugo, Sergio; Prieto, Marcela 3 of 3
Abstract
This article introduces a symposium focused on the study of failed constitution-making processes, specifically those that attempted but did not succeed in replacing an existing constitution, termed "failures of activation." It highlights gaps in the literature, which has predominantly examined successful constitution-making, and argues for the importance of analyzing unsuccessful cases to better understand the causes and dynamics behind constitutional failures. The symposium presents diverse case studies from various historical and political contexts—including Israel (1950), Kenya (2005), Iceland (2012), Chile (2018 and 2022), Uruguay (1980), and Spain (1873)—to explore factors such as political polarization, elite fragmentation, exclusion of key actors, and crisis severity that contribute to failure. The article also distinguishes failures of activation from failures of implementation, emphasizing the need for further comparative and qualitative research to develop a more comprehensive theory of constitution-making success and failure.
Additional Information
- Source:International Journal of Constitutional Law. 2023/12, Vol. 21, Issue 5, p1387
- Document Type:Article
- Subject Area:History
- Publication Date:2023
- ISSN:14742640
- DOI:10.1093/icon/moad105
- Accession Number:175725616
- Copyright Statement:Copyright of International Journal of Constitutional Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.