Columbia International Affairs Online
CIAO DATE: 8/5/2007
State-building and Constitutional Design after Conflict
2006 August
Abstract
This paper examines the strengths and weaknesses of constitutional choices made after conflict, drawing upon comparative studies of six constitutions and peace agreements. The paper attempts to synthesize the practical lessons drawn from the cases, with a focus on (i) the constitution-making process; (ii) the extent of reliance on executive and geographical power-sharing; (iii) the viability of checks and balances; (iv) the electoral model; (v) the role of political parties in the transition; and (vi) issues of implementation.
Although every case is specific, such efforts face comparable obstacles, and many recent postconflict constitutions bear remarkable similarities. Constitutional realism requires an understanding of why different choices have been made in different situations, how these choices have been implemented, and to what effect, and whether or not any of these lessons are transferable to future cases.
