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9780198836544

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This volume provides a path-breaking analysis of seventeen recent and ongoing conflicts rooted in territorial identity, providing building blocks for academic theorists and wise counsel to practitioners. The case studies cover a vast range of conflicts, from the Scottish nationalists' peaceful efforts to secure independence from the United Kingdom to the collapse of negotiations in Yemen that has degenerated into horrific civil war. Despite the variety of circumstances, however, the volume provides the basis for useful generalization through its focus on how territorial interests are mobilized by geography, political history, and power. By showing how constitutional design can sometimes succeed despite intense mobilization of territorial interests, the volume provides both hope and essential reading for anyone seeking a peaceful, stable, and fair outcome to territorially divided societies. * Roderick M. Hills Jr., William T. Comfort III Professor of Law, New York University School of Law * This collection is highly impressive in both its breadth and depth. Local knowledge and theoretical sophistication combine to make this essential reading for scholars and practitioners interested in constitutions, federalism, territorial cleavages, and peace. The synthetic conclusion shows just how far we can advance knowledge through collaboration across national and disciplinary boundaries. We need more studies like this. * Nancy Bermeo, Professor Emeritus, Princeton University and Nuffield Professor of Comparative Politics Emeritus, University of Oxford *

This compendium offers a unique perspective on a dizzying range of political and violent conflicts in societies rent by territorial cleavages. It leaves us with optimism about how constitutional processes may make such conflicts tractable. While each chapter captures the inescapable logic of institutional and political context, the editors painstakingly, and with great nuance, elaborate a general framework for understanding how divided societies might achieve reconstitution and even coexistence and integration. Territory and Power in Constitutional Transitions epitomizes what scholarship on comparative constitutional development should strive to achieve. * Cristina M. Rodriguez, Leighton Homer Surbeck Professor of Law, Yale Law School * While comparative constitutionalism is the stock in trade of conflict resolution practitioners, too often this is not accompanied by an understanding of the underlying logic and political dynamics that inform or limit constitutional options. It is here that Territory and Power in Constitutional Transitions makes an outstanding and invaluable contribution to our understanding of the logic of possible options for constitutional processes and design, especially in a context of territorial cleavages. * Nicholas Haysom, Special Representative of the United Nations Secretary General, Somalia * In its wide-ranging exploration of how constitutions help promote peace, stability and inclusion in deeply divided societies, this volume combines rich theoretical analysis with in-depth constitutional case-studies. Contributions from leading constitutional scholars and practitioners give it an impressive scope, with seventeen country cases studies. The insights it generates are both fresh and compelling. It deserves the widest possible audience. * Rosalind Dixon, Professor of Law, University of New South Wales, Faculty of Law; co-President, International Society of Public Law * Territory and Power in Constitutional Transitions provides path-breaking analysis of conflicts rooted in territorial identity along with building blocks for academic theorists and wise counsel to practitioners. Drawing on a vast range of cases, the volume provides useful generalizations regarding how territorial interests are mobilized by geography, political history, and power, and how constitutional processes and design can sometimes succeed despite intense mobilization of territorial interests. It provides both hope and essential reading for anyone seeking peaceful, stable, and fair outcomes in territorially divided societies. * Roderick M. Hills Jr., William T. Comfort III Professor of Law, New York University School of Law * This collection is highly impressive in both its breadth and depth. Local knowledge and theoretical sophistication combine to make this essential reading for scholars and practitioners interested in constitutions, federalism, territorial cleavages, and peace. The synthetic conclusion shows just how far we can advance knowledge through collaboration across national and disciplinary boundaries. We need more studies like this. * Nancy Bermeo, Professor Emeritus, Princeton University and Nuffield Professor of Comparative Politics Emeritus, University of Oxford *

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George Anderson is former deputy minister (permanent secretary) in the Canadian government and subsequently CEO of the Forum of Federations. He has been a member of the Standby Team of Experts in the UN's Department of Political Affairs and consulted extensively around the world. He is currently a fellow at the Centre for Democracy and Diversity at Queen's University, Kingston, Canada, and has had earlier resident fellowships at Harvard and New York universities. Sujit Choudhry is an internationally recognized authority on comparative constitutional law, and has been an advised on constitution building, governance, and rule of law processes for over 20 years, including in Egypt, Jordan, Libya, Nepal, South Africa, Sri Lanka, Tunisia, Ukraine and Yemen. He founded and directs the Center for Constitutional Transitions (CT).

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