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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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5Constitution-writing processes

Jennifer Widner and Xenophon Contiades

During the past three decades, new constitutions have appeared in many parts of the world, often in the aftermath of civil wars, but also in response to demands for more democratic political systems or for resolution of institutional crises. Constitutional theory intersects political practice when these new constitutions are made. Notions of constituent power and amending power have evolved and the range of procedural choices has expanded. An important question is whether the approaches chosen to prepare and ratify new constitutions shape content and other outcomes such as levels of trust or the degree to which constitutional principles take root in public consciousness. ...

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