By Hanna Lerner
How can societies nonetheless grappling over the typical values and shared imaginative and prescient in their country draft a democratic structure? this is often the imperative puzzle of creating Constitutions in Deeply Divided Societies. whereas so much theories speak about constitution-making within the context of a second of progressive swap, Hanna Lerner argues that an incrementalist method of constitution-making can permit societies riven through deep inner disagreements to both enact a written structure or functionality with an unwritten one. She illustrates the method of constitution-writing in 3 deeply divided societies - Israel, India and eire - and explores some of the incrementalist recommendations deployed by way of their drafters. those comprise the avoidance of transparent judgements, using ambivalent felony language and the inclusion of contrasting provisions within the structure. Such options enable the deferral of debatable offerings concerning the foundational features of the polity to destiny political associations, hence allowing the structure to mirror a divided identification.
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