TY - CHAP
T1 - How constitutional crowdsourcing can enhance legitimacy in constitution making
AU - Bernal, Carlos
PY - 2019
Y1 - 2019
N2 - This chapter assesses how constitutional crowdsourcing can enhance legitimacy in processes of constitution making and amending in stable democracies. Constitutional crowdsourcing gives rise to opportunities and challenges. It opens-up fresh possibilities for participation by individuals and groups previously excluded from constitution-making deliberation, expression of political preferences, and decisions. It may also increase autonomy, equality, and transparency. However, at the same time, these kinds of strategies create the challenge of establishing constraints for securing these possibilities and ensuring that the relevant agents engage in a meaningful way. Legitimacy qua justifiability about constitution-making processes depends on overcoming this challenge.
AB - This chapter assesses how constitutional crowdsourcing can enhance legitimacy in processes of constitution making and amending in stable democracies. Constitutional crowdsourcing gives rise to opportunities and challenges. It opens-up fresh possibilities for participation by individuals and groups previously excluded from constitution-making deliberation, expression of political preferences, and decisions. It may also increase autonomy, equality, and transparency. However, at the same time, these kinds of strategies create the challenge of establishing constraints for securing these possibilities and ensuring that the relevant agents engage in a meaningful way. Legitimacy qua justifiability about constitution-making processes depends on overcoming this challenge.
UR - https://www.e-elgar.com/shop/comparative-constitution-making
UR - http://www.scopus.com/inward/record.url?scp=85118358462&partnerID=8YFLogxK
U2 - 10.4337/9781785365263.00017
DO - 10.4337/9781785365263.00017
M3 - Chapter
SN - 9781785365256
T3 - Research Handbooks in Comparative Constitutional Law
SP - 235
EP - 256
BT - Comparative constitution making
A2 - Landau, David
A2 - Lerner, Hannah
PB - Edward Elgar Publishing
CY - Cheltenham, UK ; Northampton, USA
ER -