On Constitutional Transition Out of Hybrid Regimes

Constitutional transition from hybrid regimes is not simply about crafting a new, democratic constitution for a diverse society complete with checks and balances, rule of law and fundamental rights. Rather, it should address the manner of reclaiming constitutions as constraints on political powers and as charters of self-government. And unlike in the paradigmatic cases of Third Wave transitions to democracy, the logic of adversative constitution-making will not work automatically in the context of hybrid regimes that strategically draw on the ideas, language and design of ‘constitutions with (and not without) constitutionalism.’ In doing so, hybrid regimes hijack the vocabulary and imagination of constitutional democracy. An account of constitutional transition out of a hybrid regime must therefore offer a vision for a forward-looking constitutional (re-)settlement, while keeping in mind the key features of hybrid regimes.