The multidimensional peacekeeping missions of today are often enfolded in opaque mechanisms of microphysical power operating in everyday social practices that remain invisible to the naked eye. Many seek to reorder war-shattered countries strategically according to best Western practices. One such
strategy is to redraft the constitution which will then form the legal basis of a country for decades to come. The present study investigates the link between the type of constitution building process and the durability of peace. Particularly, it asks the following research question: Why do some constitution building processes lead to durable peace while others do not? The research was carried out using a structured focused comparison of Nicaragua and Peru.
Table of Contents
I. Introduction
II. Theoretical Framework
III. Research Design
IV. Case Studies
1. The Sandinista constitution making process in Nicaragua
2. The Fujimori constitution making process Peru
V. Comparative Analysis and Results
VI. Conclusion
Research Objectives and Themes
The study investigates the relationship between the type of constitution-building process—specifically regarding representation and public participation—and the durability of peace in post-conflict states, using Nicaragua and Peru as comparative case studies.
- The impact of participatory vs. exclusive constitution-making on long-term peace.
- The criteria for successful, legitimate constitution-building processes.
- The "horizontal dilemma" of including rebel groups in political processes.
- The trade-off between political legitimacy and the efficacy of governance.
- Analysis of institutional mechanisms such as public consultation and civic education.
Excerpt from the Book
Participation
While the representative aspect of the constitution building process was thus considerably flawed, it nevertheless benefited from a high level of participation, both in terms of the citizens’ education and consultation. 150,000 copies of the first draft of the constitution, issued in February 1986, were distributed and twelve televised debates among representatives of opposing parties were broadcasted on public television (Reding 1987). Considerable dialogue with and consultation of the public took place. Nicaraguans debated the first draft in a series of town meetings termed cabildos abiertos which originate from a political tradition of the indigenous people of Central America. In spite of the poverty, social malaise and fatigue for grass-roots activities, the cabildos exceeded all expectations of the government (Walker 1997: 13; Revista Envío 1986). An estimated 100,000 citizens took part in 73 of these forums held throughout Nicaragua in May and June 1986; 2,500 citizens made presentations and 1,800 turned in written comments (Reding 1987). Detailed proposals and briefings of these meetings were printed in the newspapers El Nuevo Diaro and Barricada (Reding 1986). Given that Nicaragua’s population at the time counted three million, a majority of whom were children and adolescents, this was an extraordinary success and contributed considerably to the political education of the people (Revista Envio 1986). However, it is exactly this public process that may have activated a vertical dilemma, in other words the trade-off between efficacy and legitimacy (Jarstad 2008). While participation and publicity contributed considerably to the legitimacy of the constitution making process, it may have discouraged certain elites from the rebel groups which, for the sake of face saving, were not interested in making public concessions.
Summary of Chapters
I. Introduction: Outlines the research problem, arguing that the process of constitution-making is crucial for post-conflict peace, and establishes the research question regarding why some processes lead to durable peace while others fail.
II. Theoretical Framework: Reviews existing literature on constitution-building, highlighting the principles of publicity, participation, representation, and the "veil of ignorance" as key components of legitimate processes.
III. Research Design: Describes the methodology of a structured focused comparison between Nicaragua and Peru, defining the variables used to assess the impact of constitution-building on peace.
IV. Case Studies: Examines the specific processes in Nicaragua and Peru, analyzing the levels of representation and participation within each respective historical context.
V. Comparative Analysis and Results: Compares the outcomes of the two cases, suggesting a correlation between high public participation and durable peace, while acknowledging the limitations of generalizing these results.
VI. Conclusion: Summarizes the study's findings, noting that while inclusive processes seem to support peace, the tension between democratization and peacebuilding remains a significant policy dilemma.
Keywords
Constitution making, durable peace, post-conflict, Nicaragua, Peru, participation, representation, democratization, civil war, conflict transformation, political legitimacy, Sandinista, Fujimori, autogolpe, peacebuilding.
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines the link between the nature of constitution-building processes—specifically whether they are participatory and representative—and the likelihood of achieving durable peace in countries emerging from conflict.
What are the primary themes addressed in the work?
The work covers themes of democratic transition, the role of public consultation, the inclusion of warring factions, the trade-off between political legitimacy and efficacy, and the historical context of constitution-making in Nicaragua and Peru.
What is the central research question?
The study asks: "Why do some constitution building processes lead to durable peace while others do not?"
Which scientific methodology does the author employ?
The author uses a structured focused comparison method to analyze two specific cases (Nicaragua and Peru), utilizing history textbooks, journal articles, and official documents to evaluate independent and dependent variables.
What does the main body of the paper explore?
The main body explores the theoretical criteria for democratic constitution-making, designs a comparative framework, details the case studies of Nicaragua and Peru, and analyzes how these processes impacted the stability of peace in each nation.
Which keywords best characterize this study?
Key terms include constitution making, durable peace, post-conflict, democratization, participation, representation, and conflict transformation.
Why were Nicaragua and Peru chosen as case studies?
They were chosen because both countries experienced conflict and underwent constitution-making processes within a similar timeframe, yet exhibited extreme differences in public participation and overall success regarding peace durability.
How does the author define the "vertical dilemma"?
The vertical dilemma refers to the difficult trade-off between political efficacy and legitimacy, where efforts to increase public participation for legitimacy might hinder the speed or tactical flexibility required for successful constitution-building.
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- Ingeborg Friedl (Autor:in), 2009, Constitution Making Processes and the Durability of Peace, München, GRIN Verlag, https://www.grin.com/document/162662
