How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Joanne Wallis is a lecturer in the College of Asia and the Pacific at the Australian National University, Canberra. She has previously taught at the University of Cambridge, the University of Melbourne and Swinburne University of Technology, Victoria. She completed her PhD in politics and international studies at the University of Cambridge in 2011. From January 2009 to January 2012 she was an honorary Fellow of the School of Social and Political Sciences at the University of Melbourne. In 2006, she was a Fulbright Scholar at the Walker Institute of International and Area Studies at the University of South Carolina. She has also worked as a lawyer and has conducted research consultancies for Australian and international NGOs. Her research considers the role that constitution making plays in building states and nations in post-conflict societies, with a particular emphasis on the opportunities for engagement between liberal and local approaches to law, governance and development.
Part I. Normative Justification for Participatory Constitution Making: 1. The normative justification; 2. A constituent process; Part II. Minimal Participation in Timor-Leste: 3. State building and constitution making in Timor-Leste; 4. Constituent power in Timor-Leste; 5. Constituted power in Timor-Leste; Part III. Extensive Participation in Bougainville: 6. State building and constitution making in Bougainville; 7. Constituent power in Bougainville; 8. Constituted power in Bougainville; Part IV. Evidence for and against Participatory Constitution Making: 9. Comparing the constitution-making processes; 10. Role in state building.