Melbourne Law School - Research Publications
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ItemInclusion of Combatants in Constitution-Building(International Institute for Democracy and Electoral Assistance and the Constitutional Transformation Network, 2020)Where constitution-building occurs in a conflict-affected context, the inclusion and participation of combatants in constitution-building processes raises challenging and distinctive issues. In such contexts, constitution-building is likely to overlap with a wider peace process that comprises the negotiation of peace agreements, and disarmament, demobilization and reintegration (DDR) programmes.
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ItemConstitutional beginnings: Making and amending constitutions(International IDEA and the Constitution Transformation Network, 2018)When considering substantive changes to a written constitution, constitution-makers must decide whether to make an entirely new constitution or amend the existing constitution. The distinction between making a new constitution and amending an existing constitution is not always clear cut. Much depends on the criteria used to make the distinction.
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ItemConsultation, Deliberation and Decision-Making: Direct Public Participation in Constitution-Building(International Institute for Democracy and Electoral Assistance and the Constitution Transformation Network, 2020)Direct public participation is now regarded as an essential part of a constitution-building process. In the 21st century, almost every exercise in constitutional reform has involved an opportunity for members of the public to engage in the process. The right to participate in public affairs is internationally recognized and a consensus has emerged that public participation is good practice in constitution-building.
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ItemImplementing Federalism(International Institute for Democracy and Electoral Assistance and the Constitution Transformation Network, 2018)More than 25 countries around the world operate as a federation of some kind. Many more devolve power in other ways, across the country or in particular regions with special autonomy. Some of the older federations are well-established; India, Malaysia and Pakistan are examples. Others are much more recent, however. Many new constitutions provide for federation or some form of devolution. In Asia and the Pacific, for example, the new Constitution of Nepal establishes a federation, and federalism is under consideration in Myanmar, the Philippines and Solomon Islands.
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ItemConstitutional Implementation for Sustainable Peace(Constitution Transformation Network and Folke Bernadotte Academy, 2019)The purpose of this Report is to explore whether and, if so how, the implementation of constitutional inclusion mechanisms (broadly understood) is significant to sustainable peace. This Report develops an analytical framework to firstly assess constitutional implementation and secondly to identify connections between constitutional implementation and sustainable peace. The case of the Autonomous Region of Bougainville, within the state of Papua New Guinea, is used as an initial case-study to test this analytical framework and to systematically understand the connections between peace-building, constitutions, implementation and sustainable peace.