Lecture 7 Power-Sharing Flashcards
What is a constitution?
A constitution is the ultimate source of state authority, establishing governmental institutions and granting them the power to make, apply, enforce, and interpret laws.
What does a constitution decide regarding citizens?
It decides who is part of the demos and what rights these citizens have.
How can a constitution be changed?
A constitution outlines the processes for how it can be amended or changed.
What are the functions of a constitution?
- Enable self-governance
- Constrain the abusive capacities of the state
- Embody political ideas
- Express and maintain collective identity within democratic arrangements over time
Why are constitutions considered to represent ‘frozen identities’?
Constitutions are often made at specific moments in time, such as after war or revolution, representing the identities and compromises of the people negotiating them at that time.
What are ‘frozen compromises’ in the context of constitutions?
‘Frozen compromises’ refer to the lasting agreements and decisions made during the drafting of a constitution, which reflect the specific historical context and negotiations of that period.
How does a constitution determine political power?
It defines how political power can be gained (access to power), what each institution can do (scope of power), and the interaction between different institutions (separation of powers).
What is the role of Constituent Assembly elections in constitution-making?
Constituent Assembly elections elect a temporary parliament with the sole task of formulating a new constitution after transitions.
Why are most constitutions from after 1950?
Many countries became independent, and democratic transitions delegitimized authoritarian constitutions, leading to new ones.
What are the three key points of constitution-making?
- Balancing political and economic interests, institutional learning, and the idea of a frozen compromise.
- Constitutions are changed often initially but less often and less drastically over time.
- Authoritarian constitutions also slow down but change more frequently than democratic ones.
Why are constitutions written in unique windows of opportunity?
The historical context for parties to make extensive compromises must be very specific, making it rare to renew constitutions as a whole.
What is institutional creep?
Gradually changing bits of the constitution to avoid the risk of opening up all parts by renewing the entire constitution.
How do constitutions affect democratisation positively?
Constitutions create stability, limit power by restricting terms and executive powers, and limit institutional change by requiring supermajorities for constitutional amendments.
How can constitutions lead to conflict and strengthen authoritarianism?
Constitutions can be used to legitimize and entrench authoritarian regimes, potentially leading to conflict.
What do constitutions define in terms of institutional structure?
Constitutions define the degree to which a system is power-sharing or power-concentrating.