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Constitutions are made in almost all regime transformations. What are the dangers and hopes associated with such a process? What can make constitution-making legitimate? This book explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa.
The essays in this volume attempt to search for a genuinely critical theory. The book begins with the question of why neo-Marxist and post-Marxist analysts failed to produce a critical theory of Soviet socialism or to establish a dynamic relationship with contemporary social
This volume argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making - one that accomplishes the radical change of institutions through legal continuity.
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