Constitution For A Future Country

This book offers ways to overcome problems that arise because voters, politicians and bureaucrats pursue selfish interests rather than the general interest in their political behaviour. It combines previously published ideas about charging people the costs of their political actions and selling insurance against unfavourable political outcomes, with new ideas about competing legislatures and incentives for generating efficient political outcomes. The book includes new theorems about the mechanisms that are discussed, as well as a proposed constitution and its rationale.

In the Fall of 1992, public events in Canada reached a climax that had far-reaching effects for the future of the country. For the first time in their history, Canadians were asked to give their approval to a sweeping set of constitutional proposals in a national referendum. The first serious and informed analysis of these proposals took place at a conference at York University that September. Sponsored by the Centre for Public Law and Public Policy, and the Robarts Centre for Canadian Studies at York University, the conference drew major speakers including Peter Lougheed, former premier of Alberta; Peter Hogg of Osgoode Hall Law School; Judy Rebick, president of the National Action Committee on the Status of women; Senator Gerald-A. Beaudoin; Professor Ronald Watts of Queen’s University; Michael Adams of Environics Research Group; Jeffrey Simpson of the Globe and Mail; Reg Whitaker of York University; Maude Barlow, National Chairperson, Council of Canadians; David Elton, president of Canada’s West Foundation; and Raymond Giroux of Le Soleil, among others. The papers of the conference, most of which were later revised in light of the 26 October referendum results, present a record of Canadian thought during a period of profound national change. They are grouped here under such topics as ‘The Reform of Central Institutions,’ ‘The Division of Powers,’ ‘Distinct Society, Aboriginal Rights, and Fundamental Canadian Values,’ ‘The Referendum,’ and ‘The Future of Canada.’ In this book, leading scholars, government decision-makers, interest groups, and journalists come together to debate the country’s future. Their papers provide an independent and informed analysis of the choices confronting Canadians at a decisive moment in their collective history.

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.