The Department of Government
The Department of Government

Anna Fruhstorfer talk (Freie Universität Berlin)

Participatory Constitution Making and the Protection of Minority Rights

Tue, January 21, 2020 | BAT 5.108

12:00 PM - 1:30 PM

Anna Fruhstorfer talk (Freie Universität Berlin)

Abstract: Does the process of making a constitution shape the distribution of rights in the constitutional design? Is more participation in constitution-making processes better for minority rights protections? While the process of constitution making and its impact on various outcomes have received significant attention, little is known about the impact public participation or deliberation have on the scope and content of minority rights. Using a wide variety of data to empirically assess the relationship between constitution-making processes and the protection of rights for minorities, we find a positive relationship between participatory drafting processes and the inclusion of minority protections in constitutions under some conditions. While this potentially endogenous macro-level effect disappears when we move to an analysis of changes in minority rights protections following the ratification of new constitutions, we also find positive effects of participation during the early stages of the drafting process on the inclusion of specific minority rights.

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