4 resultados para Constitutional dialogue

em Academic Research Repository at Institute of Developing Economies


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This paper reviews the literature on the prevalence of constitutional review across the world, and particularly in emerging democracies, during the last two decades. Two major questions should be addressed in this regard. First, why has the judiciary been empowered and what factors affect judicial activism? Second, does constitutional review ensure an effective self-enforcing function? In sum, the literature shows that constitutional review can make democracy self-enforcing if there is sufficient competition among political parties or between the legislature and the executive branch of government. In a more sophisticated case, political balance within the court can also ensure the observance of court decisions.

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Immediately after the announcement of the re-election of President Kibaki on the evening of 30 December 2007, Kenya was thrust into the worst civil unrest experienced by the country since independence – a development that became known as the "Post-Election Violence" (PEV). However, after a subsequent process of reconciliation, the PEV came to an end within a relatively short period. The present-day politics of Kenya are being conducted within the framework of a provisional Constitution that took shape through peaceful mediation. How did Kenya manage to put a lid on a period of turmoil that placed the country in unprecedented danger? This paper traces the sequence of events that led to mediation, explains the emergency measures that were needed to maintain law and order, and indicates the remaining problems that still need to be solved.

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Diverging outcomes are unfolding in the post-Arab Uprising countries' transitional processes. In January 2014, Tunisia successfully adopted a new constitution based on a consensus of the opposing political parties and factions. In contrast, Egypt abolished one constitution and hastily instituted another in a time span of slightly more than a year. Yemen has announced the final document of the National Dialogue Conference in the same month. Libyans finally voted for the long awaited and disputed elections of the Constitutional Drafting Committee in February 2014. The paper picks up three factors which seem to be influential in determining the modality of transitional political process in the four Post-Arab spring countries. The first is the initial conditions of the transitional politics.. Differences in the way the previous regimes collapsed are analyzed to illuminate the continuity and break of the ruling institutions and state apparatus. The second factor is the type of the interim government. In line with Shain and Linz typology, provisional, power-sharing, caretaker, and international interim government models are applied to clarify the types of interim governments in each four countries' different phases in transitional politics. The third is the "rules of the game," particularly those pertaining to the constitutional process. Who set what kind of rules and how are to be considered in each of four countries and possible influences of each set of the rules of the game to the diverging results of the transitional politics are considered.