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.
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