Processes of Constitutional Transitions in the Face of Territorial Cleavages

Abstract

This chapter discusses the implications of territorial cleavages for the process of constitutional transition by drawing on the experiences of various countries such as Bolivia, Bosnia-Herzegovina, Ethiopia, India, Iraq, Nepal, Philippines, Scotland, Spain, Sri Lanka, and Ukraine. It first considers four variables that are likely to affect the process for constitutional transition within a state in which there are significant cleavages along territorial lines: the nature of transition, the nature of territorial cleavage, the challenges confronting statehood, and the involvement of international actors. It then examines four dimensions of the processes of transition that may be influenced by territorial cleavages: phases of the transition process, agenda setting, deliberation and ratification, and implementation and other matters. Finally, it explains how constitutional transitions are shaped by the postponement of final decisions on key matters through deliberate ambiguity, incomplete prescription or reliance on the future operation of rules on constitutional amendments.