posted on 2021-11-14, 03:40authored byBuchanan, Thomas Joseph Bailey
<p>In this paper, I will argue that the round table model is the ideal constitution making process. This is primarily because it gives clarity to the respective powers of the institutions involved in the process, and may prevent a dominant group or individual from unilaterally imposing a constitution. In building my argument, I outline the theory of constituent power and its corollaries of unlimited constitution making power and popular participation. I endeavour to portray the shortcomings of the theory itself, and, the dangers of its practical manifestation. Following this, I introduce the round table model as a preferable alternative, both theoretically and practically. To buttress my argument, I examine the Bolivian, Venezuelan, Russian and South African constitution making episodes.</p>
History
Copyright Date
2014-01-01
Date of Award
2014-01-01
Publisher
Te Herenga Waka—Victoria University of Wellington
Rights License
Author Retains Copyright
Degree Grantor
Te Herenga Waka—Victoria University of Wellington
Degree Name
LL.B. (Honours)
ANZSRC Type Of Activity code
970118 Expanding Knowledge in Law and Legal Studies