American Council of Learned Societies
Occasional Paper No. 13

The ACLS Comparative Constitutionalism Project

Final Report

Final Report

Appendix A:
Project Advisory Panel and Project Planning Conference Participants

Appendix B:
Regional Steering Committees


Appendix D:
List of Project Overview Essays and Institute Working Papers

Appendix E:
Institute Participants

Appendix F:
Summary Institute Questions for Consideration, and Participants

Appendix G:
Participant Biographical Information


Latin American Regional Institute
on Comparative Constitutionalism

Constitutionalism in Latin American History and Today
focus on sources of constitutional thought and reform in Latin America as well as upon an analysis of the reasons for and content of the current wave of constitution-making in the region.
Paper Writer: Heraclio Bonilla. Commentators: Boubacar Barry and Peter Smith.

Human Rights in Constitutional Order and in Political Practice in Latin America
focus on analysis of why certain kinds of rights become constitutional matters and others are legislative questions in different societies.
Paper Writer: Hugo Frühling. Commentators: Julio Cotler and Patricia Hyndman.

The Military in the Constitutions of South America
focus on the relationship of the Latin American military to governments and other social groups, and on its place in Latin American society.
Paper Writer: Juan Rial. Commentators: Maria Carrilho and Alain Rouquié.

The Constitutional System of Liberalism and the New Functions of the Modern State
focus on relationship of bureaucracy and federalism to policymaking and planning in contemporary constitutional thought — the practicalities of constitution-making counterposed to larger, more transcendent goals.
Paper Writer: Fábio Konder Comparato. Commentators: H.W.O. Okoth-Ogendo and Csaba Varga.

Transition to Democracy, Corporatism and Constitutional Reform in Latin America
focus on how Latin American constitutions have been reformed in the past and how they may be most effectively reformed in the future.
Paper Writer: Carlos Nino. Commentators: Miriam Campanella and Julio Faundez.

The Democratic Regime and Constitution of Venezuela
focus on the relationship of social structure and non-governmental institutions to constitutionalism. Among the forces discussed: ethnic groups, political parties, the church.
Paper Writer: Miriam Kornblith. Commentators: Atilio Borón and Dov Ronen.

Democracy: Presidential or Parliamentary, Does It Make a Difference?
focus on comparative analysis of presidential and parliamentary regimes, and their many variants, as well as upon structures for representation and direct democracy in Latin American constitutions.
Paper Writer: Juan Linz. Commentators. Bolivar Lamounier and Laurence Whitehead

Asian Regional Institute on Comparative Constitutionalism

Nationalist Discourse and Constitutionalism
focus on the intellectual and ideological constitution-making in specific Asian contexts; pre- and post-colonial nationalism and its relationship to constitutional arrangements today.
Paper Writer: Tapan Raychaudhuri. Commentators: H.W.O. Okoth-Ogendo and Alice Tay.

The Uses and Usurpations of Constitutional Ideologies
focus on the distinct philosophical elements underlying constitutions in specific national contexts, those which give constitutions legitimacy, and those which sow the seeds of political dissent; the issue of constitutional mystification.
Paper Writer: Radhika Coomeraswamy Commentators: Walter R. Murphy and L.M. Singhvi.

The Development of Impoverishment: Constitutional Accountability and International Responsibility
focus on the international dimensions of constitutional change, both the internal problems of development that bear on constitutionalism, and the international factors that affect development and have an impact on constitutionalism; the mechanisms that are needed to ensure constitutional accountability.
Paper Writer: Sjahrir Commentators: Veniamin Chirkin and Chandra Muzaffar

Cultures and Constitutionalism
focus on the question of national identity formation as drawn from ethnic, religious, and feminist movements in Asian countries; the adaptation of constitutional forms to local circumstances, and the critiques of constitutionalism that emerge in both traditional and modern Asian societies.
Paper Writer: Upendra Baxi. Commentators: Bolivar Lamounier and Gill-Chin Lim.

Civil and Military Tensions in Constitutionalism in Asia
focus on the interaction between civilian and military approaches to constitutional government in Asian countries, how the tensions between the military and civilians are manifested, and what means can be adopted to ease that relationship.
Paper Writer: Kamal Hossain. Commentators: Atilio Borón and Chai-Anan Samudvanija.

Social Movements, Constitutional Arrangements, and the Realization of Human Rights
focus on the issue of empowerment of social groups, how human rights can be constitutionally enforced in different national contexts, and the role of governmental and non-governmental actors in human rights advocacy.
Paper Writer: Daniel Lev. Commentators: Yude Henteleff and T. Mulya Lubis.

Panel: The Future of Constitutionalism and the Nature of the Polity
focus on the future role of constitutions in Asia, especially as they increasingly operate in a context of technological advances: the future preparedness of constitutionalism in Asian countries to deal with secularism, pluralism, and nationhood.
Paper Writers: Carmencita Aguilar, Yash Ghai, Abdurrahman Wahid

African Regional Institute on Comparative Constitutionalism
“Constitutionalism and the State in Africa”

The Experience of Constitutionalism and the State in African Society
focus on the socio-economic and political contexts which shape the phenomenon of constitutionalism as it exists in Africa; an examination of the modern state.
Paper Writer: Issa Shivji.

Nation-Building and Constitutionalism in Africa
focus on the process of nation-building; the means for asserting national identity adopted by countries with no pre-colonial history of nationhood as well as states with a long tradition of nationhood.
Paper Writer: Abdelali Doumou. National Example Paper Writers: Tahseen Basheer (Egypt), Henriette Diabate (Côte d’Ivoire).

The National Question, Secession, and Constitutionalism
focus on the degree to which a population characterized by cultural, linguistic, and religious differences can be unified under a single constitutional framework; strategies which have proven successful in forging a shared national identity and examples of internal conflicts and secessionist movements.
Paper Writer: Abdullahi An-Na’im. National Example Paper Writers: Asmalash Beyene (Ethiopia), Francis Deng (Sudan), Ernest Wamba-dia-Wamba (Zaire).

The Military and Constitutionalism in Africa
focus on the role of the military in political life; an evaluation of regimes which have embraced constitutionalism, as well as those which have ignored or rejected the idea.
Paper Writer: Eboe Hutchful. National Example Paper Writers: Akinola Aguda (Nigeria), Lansiné Kaba (Guinea), K.A. Maope (Lesotho).

One Party and Multi-Party Systems in African Constitutionalism
focus on the experiences of states with one-party and with multi-party systems of government; a comparison of the similarities and differences of their respective constitutional arrangements.
Paper Writer: Boubacar Barry. National Example Paper Writers: Athaliab Molokomme (Botswana), Charles Mwalimu (Zambia), Yèrim Thiam (Senegal).

Social Movements and Constitutionalism in Africa
focus on the significance of cultural legitimacy in the acceptance or rejection of a constitution; the manifestation of power and powerlessness in contemporary social structures and social movements.
Paper Writer: Mahmood Mamdani. National Example Paper Writers: Mahmoud Ben Romdhane (Tunisia), Gita Honwana Welch (Mozambique).

Movements for National Liberation and Constitutionalism
focus on contempory responses to post-colonialism; the conceptual frameworks within which efforts toward national liberation are conceived, and the relationship of constitutionalism to those efforts.
Paper Writer: Ibbo Mandaza. National Example Paper Writers: Reginald Austin (Zimbabwe), Peter Katjavivi (Namibia), Samuel Nolutshungu (South Africa).

European Regional Institute on Comparative Constitutionalism

Constitutionalism in Europe since 1945: Reconstruction and Reappraisal
focus on a review of the post-war experiences of constitution-building and -rebuilding in Europe; the political arrangements having evolved in the search for stability in government and for safeguards against abuse of power.
Paper Writer: Nevil Johnson. Commentator: Gerhard Casper.

The Parliamentary Crisis and How to Strengthen Democracy
focus on the development and status of parliamentarianism within the context of post-war development, and on how individual rights have fared in light of the development of a strong state; the effect of increased democratization on the relationships among political parties.
Paper Writer: Klaus von Beyme. Commentator: Carlos Nino.

The Role of Constitutional Courts in the Protection of Individual Rights
focus on the role of the constitutional courts with regard to civil rights protection, examining the court’s function in the context of constitutionalism in modern-day Europe, and considering the mechanisms it employs to ensure individual rights.
Paper Writer: Louis Favoreu. Commentator: Walter Murphy.

Federalism and Decentralization in Europe since World War II
focus on the phenomenon of a decentralized, federal model of government in the reconstructed constitutionalism of Europe, in particular its relevance to the current reforms being undertaken in Eastern Europe.
Paper Writer: Peter Hardi. Commentator. Knud Krakau.

Iberian Case Study: The Constitutionalism of Redemocratization
focus on the problem of transition from dictatorship to democracy as exemplified by the experiences of Spain and Portugal; the origins of the problem, the development of the processes, and the constitutional implications of the solutions.
Paper Writer: Jordi Solé Tura. Commentator: Juan Rial.

Constitutionalism: The European Community and State Sovereignty
focus on the integration of Europe and its constitutional significance; the emerging extra-constitutional political system of an integrated Europe, and the phenomenon of legislation by administration and those elements which legitimize it.
Paper Writer: Joseph H.H. Weiler. Commentator: Hans-Peter Schneider

European Courts and Human Rights
focus on the human rights function of the European constitutional court system, and the degree to which it serves to unify, or to create conflict with regard to state implementation; the instruments that exist on a supra-national level, and their relevance to the search for a European constitutionalism.
Paper Writer: Ludger Kühnhardt. Commentator: Yash Ghai.

Constitutionalism of the European Community and Public Opinion
focus on the social and economic consequences of legislation by the Community bureaucracy, particularly as measured in the perception of responsiveness of Community states to their citizens; the influence of public opinion on politics, and the public affairs aspect of the development of integration in Europe.
Paper Writer: Alexander von Brünneck. Commentator: Marie-France Toinet.

Panel: Constitutionalism and Survival
Constitutionalism and Survival

focus on the relevance of constitutionalism to Europe given the changes wrought by integration and growing supra-national bureaucracy; the limits of constitutionalism and its responsiveness to issues crossing national boundaries, and problems which challenge state constitutionalism, particularly issues of peace and mutual security.
Paper Writer: Rita Tullberg. Commentator: Miriam Campanella.

Environmental Issues and Constitutionalism
focus on the problem of the environment and constitutionalism’s future in an increasingly integrated European Community, concentrating on issues which affect the health and safety of countries throughout Europe, and the constitutional preparedness of these countries to assume social responsibility for them.
Paper Writer: Luciano Gallino.

Intra-Community Migration and Constitutionalism
focus on migration, another issue critical to the survival of an integrated Europe and constitutionalism; attention to these population shifts motivated by political unrest and economic stability, and to the restrictive access to naturalization and asylum frequently encountered.
Paper Writer: Aristide Zolberg.