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Reflections on external assistance to constitution making

Professor Ginsburg reflects on recent experiences in contexts as diverse as Tuvalu and Nepal, Chile and the Arab Region to discuss how external assistance impact constitutional design choices.

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I-CONnect Symposium on the Chilean Constitutional Referendum – The Paradox of Constitution-Making in Democratic Settings. A Tradeoff between Party Renewal and Political Representation?
—Sergio Verdugo, IE University Law School Introduction In 1995, Jon Elster concluded his landmark article by identifying the paradoxes of constitution-making.[1] Constitution-making processes are unlikely to occur without the urgent need that a political crisis triggers. Even though political crises are arguably necessary for constitutional replacement processes, those crises can also create unfavorable conditions forRead […]
Introduction: Symposium on the Chilean Constitutional Referendum
—David Landau, Florida State University College of Law[1] On September 4, 2022, after a two month campaign, voters headed to the polls and rejected the draft Chilean constitution by an overwhelming margin – 62 to 38 percent. With mandatory voting in effect for the first time in recent years, turnout was extremely high. About 13Read […]

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