Book Chapter

Processes of Constitutional Transitions in the Face of Territorial Cleavages

Cheryl Saunders

Territory and Power in Constitutional Transitions | Oxford University Press | Published : 2019

Abstract

Process is a significant factor in successful constitutional transitions. Success for this purpose encompasses not only workable substantive outcomes but a perception of the legitimacy of the process by which they were produced that can assist to sustain the new arrangements over the longer term. In relation to the Constitution itself, around which transition centers, the legitimacy derived from process reinforces its status as the fundamental law that provides the framework for the exercise of public power. The ideal is a Constitution that provides a viable framework for government to which all can subscribe, conveying a sense of the shared ownership of the state.

University of Melbourne Researchers