Recent Publications

Cover from DEMOCRACY WITHOUT POLITICAL PARTIES

Democracy Without Political Parties: Constitutional Options

June 27, 2014

This Working Paper addresses the question of what role political parties generally play in democracies, and asks whether an electoral system can establish effective and democratically accountable government in the absence of political parties. The Working Paper identifies the democratic functions ordinarily performed by political parties in electoral democratic government, describes how parties are typically regulated in constitutions, and discusses constitutional design options for electoral democracy in which political parties play a minimal role. Part of the Working Paper Series Meeting the Challenges of Emerging Constitutional Democracy.

Cover from SEMI-PRESIDENTIAL GOVERNMENT

Semi-Presidential Government in the Post-Authoritarian Context

June 27, 2014

The semi-presidential form of government offers a middle ground between “pure” presidential and “pure” parliamentary systems of government, and may for this reason be especially attractive to new or transitioning democracies. This Working Paper considers the options available for structuring the semi-presidential system under three headings: constitutional architecture; the distribution of executive powers; and security and emergency powers. Part of the Working Paper Series Meeting the Challenges of Emerging Constitutional Democracy.

Cover from Minorities Rights in Culturally Diverse Societies

Minority Rights in Culturally Diverse Societies

June 27, 2014

How should cultural diversity be reflected in the constitutional and governmental arrangements of a country emerging from a history of dictatorial or oppressive government? Minority groups may seek special arrangements to protect their basic human rights as well as constitutional provisions providing specific rights to protect their cultural identities. This Working Paper considers a range of approaches to dealing with these questions during constitutional transition. Part of the Working Paper Series Meeting the Challenges of Emerging Constitutional Democracy.

Cover from Creation Prac Guide Final

Dealing with the Creation of Constituent Units in Federal and Politically Devolved Regimes: A Brief Guide for Practitioners

June 27, 2014

This manual sets out elements of analysis and questions that are intended to aid practitioners and advisers in addressing how to define or delimit constituent territorial units within federal countries. Part of the Working Paper Series Meeting the Challenges of Emerging Constitutional Democracy; based off of the longer Working Paper “Creation of Constituent Units in Federal Systems”.

Cover from Creation of New Units June 18

Creation of Constituent Units in Federal Systems

June 27, 2014

Federal and devolved systems of government are based on a territorial delimitation into political states, provinces or regions. This paper looks at the experiences of over 20 federal and quasi-federal countries in defining new territorial regions or “constituent units”.  It examines both the issues around defining constituent units during a period of constitutional transition as well as the rules that have been developed for the incremental creation of new constituent units once a federal constitution has been adopted. Part of the Working Paper Series Meeting the Challenges of Emerging Constitutional Democracy.

CT-DRI-BP_EN_International_Standards_for_the_Independence_of_the_Judiciary_2013

International Standards for the Independence of the Judiciary

October 1, 2013

This briefing paper, presented by Constitutional Transitions in cooperation with Democracy Reporting International, highlights the essential functions of an independent judiciary in a constitutional democracy. Drawing on a combination of both hard and soft sources of international law, the paper reveals a definition of judicial independence that can be met in various legal and constitutional contexts, while allowing courts to protect human rights, secure the rule of law, and ensure the principles of a constitutional democracy.

CT-DRI-BP-EN_Constitutional_Review_in_New_Democracies_2013

Constitutional Review in New Democracies

October 1, 2013

This briefing paper, presented by Constitutional Transitions in cooperation with Democracy Reporting International, asks key questions about designing a constitutional court. Using examples from constitutional courts around the world, it identifies the core issues that policymakers will need to address when creating a new court. It emphasizes the role of constitutional review in legitimizing new democracies, especially on the constitutionality of legislation and government action.

8_Welikala_Egypt_Parliament 1

The Legislature under the Egyptian Constitution of 2012

June 3, 2013

Egypt’s political architecture under Hosni Mubarak’s authoritarian leadership and the 1971 Constitution was characterized by weak legislatures and a strong executive. This paper considers the constitutional arrangement for the form, powers and functions of Egypt’s legislature in the broader context of the framework of government established by the 2012 Constitution, and assesses whether these arrangements are likely to establish a strong legislature capable of restraining executive power. This paper is part of the 2013 Working Paper Series, “Consolidating the Arab Spring: Constitutional Transition in Egypt and Tunisia.”

7_Roach_Security_Sector 1

Security Forces Reform for Tunisia

June 3, 2013

Security sector reform is an important issue in post-authoritarian constitutional transitions, and it is an issue on the agenda in Tunisia’s constitutional transition. This paper considers how constitutional rules and institutional design should govern the security sector in Tunisia, proposing a number of principles and constitutional mechanisms that should be adopted as part of Tunisia’s new constitutional framework. This paper is part of the 2013 Working Paper Series, “Consolidating the Arab Spring: Constitutional Transition in Egypt and Tunisia.”

6_Olaya_Hussmann_Anti-Corruption 1

Preventing and Combatting Corruption: Good Governance and Constitutional Law in Tunisia

June 3, 2013

This paper approaches the pervasive problem of political corruption from the perspective of constitutional design, and considers how a constitution can set out principles, rights, institutions and mechanisms that prevent and combat corruption. The paper uses the April 2013 draft of the Tunisian Constitution as the main reference for analysis, and takes into consideration the particularities of the Tunisian context and constitutional tradition.  This paper is part of the 2013 Working Paper Series, “Consolidating the Arab Spring: Constitutional Transition in Egypt and Tunisia.”