Full Description
This book presents an in-depth and nuanced interdisciplinary and comparative analysis of (post-)conflict constitution-making in South Sudan and Somaliland, exploring the ways in which the two emerging states negotiate statehood in a globalised world. It critically examines the transfer of international constitution-making models as part of international rule of law promotion frameworks. Specific emphasis is placed on the socio-cultural translation dynamics of these models in conflict settings. The comparative study explores the tensions between state sovereignty and international interventions, examining whether international constitution-making involvement fosters the production of societal consensus or inadvertently impedes efforts to achieve stability and peace. By focusing on constitutional law-making, the book sheds light on how normative ideas are transformed in negotiations and opens up new analytical avenues for re-thinking conventional constitution-making practices. It critically reconsiders the assumption that every emerging state requires a written constitution, alongside the state-centred notion of sovereignty underpinning this paradigm. Additionally, the study addresses the power and knowledge hierarchies inherent in international interventions, providing empirical data from post-conflict African contexts. The book will be of interest to academics, researchers, and policy-makers working in the areas of comparative public law, constitutionalism, sociology of law, anthropology, legal geography, international relations, political science, and African studies.
Contents
Prelude: Rethinking the Narratives of the Birth of a New Nation
1. Framing a Comparative Constitutional Ethnography
2. Travelling Constitution-Making Models and Legal Pluralism
3. Recipients of the Constitution-Making Model: The Case of Post-Colonial Africa
4. Navigating within the Constitution-Making Model: South Sudan
5. Innovating Beyond the Constitution-Making Model: Somaliland
6. Recapsulating Lessons Learned and Spatialising Constitution-Making
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