A Constitution of the People and How to Achieve It: What Bosnia and Britain Can Learn From Each Other: Balkan Politics and Society
Autor Aarif Abraham Editat de Soeren Keil, Jelena Dzankicen Limba Engleză Paperback – 21 dec 2021
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Specificații
ISBN-13: 9783838215167
ISBN-10: 3838215168
Pagini: 380
Dimensiuni: 150 x 210 x 23 mm
Greutate: 0.44 kg
Editura: Ibidem
Colecția ibidem
Seria Balkan Politics and Society
ISBN-10: 3838215168
Pagini: 380
Dimensiuni: 150 x 210 x 23 mm
Greutate: 0.44 kg
Editura: Ibidem
Colecția ibidem
Seria Balkan Politics and Society
Recenzii
Bosnia and Britain appear not to have much in common, but Abrahams book convincingly elucidates a common truth; if societies want justice and democracy, they must develop inclusive constitutions and cultivate their peoples political culture. The promise of peace is not a distant hope but a present task of ascertaining, accepting and aligning peoples regard for justice and democracy with the preferences of elites and institutions that represent them. Bosnias codified constitution, which was hastily imposed -- without a popular mandate -- may incentivise political and ethno-national conflict. Bosnia was not allowed to evolve to the democratic settlement wished for by its people. Britain, by contrast, has an uncodified constitution which evolved over centuries, but piecemeal and partisan reform or codification is neither inclusive nor fair; to its nations or its people. Abrahams book helps us to rethink and re-evaluate what we take for granted: our democratic political culture. On the road to reform, we ought to take heed and understand that changing the rules of the game is not enough. We must ascertain that we are able and willing to adhere to them and that means consulting all of our people for a just and fair social contract -- written or unwritten. -- Baroness Helena Kennedy QC, Member of the House of Lords; Director, Human Rights Institute, International Bar Association; Chair, Booker Prize Foundation; President, JUSTICE
"The war in Bosnia and Herzegovina has been over for a quarter of a century, yet the country has failed to reach its true potential. The Dayton Constitution has proven to be a straitjacket, destroying all initiatives for accountability, functionality, and civic solidarity while entrenching a multi-headed hydra of governments in which party loyalties and perceived identity are all that matters. Abraham's book does an impressive job at explaining the constitutional underpinnings of the current stasis, while at the same time offering a thoughtful way forward if the interests of citizens-not political parties-is finally made paramount. The lessons of Bosnia and Herzegovina, properly learned and addressed, could benefit not only to its citizens, but citizens of other countries who are experiencing what happens when democratic systems and norms break down." - Dr Valery Perry, Democratization Policy Council (Sarajevo)
"Who would have thought that Britain and Bosnia might learn from each other's constitution? In this fascinating book, Aarif Abraham examines the flexibility of Britain's much heralded unwritten constitution, and while acknowledging its unique evolution questions whether it remains an 'exemplary model'. Bosnia's written constitution is anything but organic: it is neither the work of popular will nor popular imagination. It might yet be a roadblock to permanent peace in that troubled country. But Mr Abraham's clever idea of a 'revolving constitution' for Bosnia might just hit the legal, cultural, and political sweet spot." - Hon. Dr Brett Mason, Australian Senator, 1999-2015; Ambassador to the Netherlands, 2015-2018
The publication of Aarif Abrahams book, in these troubled days, could not be more timely as we witness authoritarian regimes ignoring or rewriting their codified constitutions by obliterating the rule of law on which they purport to be based. Since 1945, we have been marching towards the promise of a rules-based world order premised on equality, liberty, and justice. Now, however, and in the particular context of the coronavirus pandemic, we clearly see that we were wrong. Abraham meticulously and cogently demonstrates that constitutions, or their interpretation, can be very far removed from the interests of the peopleof men but particularly women. (Women, we should remember, had no say at Dayton.) Political elites may proclaim re-written constitutions in their peoples name but more often than not the citizens are more a hindrance than a help. Abraham persuasively argues that authoritarians can and do manipulate poorly designed institutionswe are seeing this all over the world. An ideal constitution ultimately defends the individual against the power and machinery of the State. Abraham discusses ways to make constitutions better reflect the interests and desires of citizens. Abraham also shows there is something worth preserving in the British constitution; a flexibility and adaptability lacking in other constitutions. But the holy grail is ensuring we allow everyonewithout fear or hindranceto articulate that which they have at stake in the future; the dispossessed, marginalised and disenfranchised and particularly the women and minorities who have been written out of constitutions for too long. I strongly commend anyone who cares, and have concerns, about the rules-based world order to think through the very important questions posed by this book. It matters to all of us, particularly now.Margaret Owen OBE, International Human Rights Lawyer; Specialist on Womens Rights; Founder Member, GAPS-UK (Gender Action on Peace and Security); Director, Widows for Peace through Democracy
"'A Constitution of the People' rides the deliberative democracy wave and demonstrates how democracy and democrats are finding their purpose and relevance again, becoming the hard-working builders of consensus, institutional partnership and progressnot the vehicle for polarisation and political asset stripping." Graham Allen, The House magazine, 28 June 2021
"The war in Bosnia and Herzegovina has been over for a quarter of a century, yet the country has failed to reach its true potential. The Dayton Constitution has proven to be a straitjacket, destroying all initiatives for accountability, functionality, and civic solidarity while entrenching a multi-headed hydra of governments in which party loyalties and perceived identity are all that matters. Abraham's book does an impressive job at explaining the constitutional underpinnings of the current stasis, while at the same time offering a thoughtful way forward if the interests of citizens-not political parties-is finally made paramount. The lessons of Bosnia and Herzegovina, properly learned and addressed, could benefit not only to its citizens, but citizens of other countries who are experiencing what happens when democratic systems and norms break down." - Dr Valery Perry, Democratization Policy Council (Sarajevo)
"Who would have thought that Britain and Bosnia might learn from each other's constitution? In this fascinating book, Aarif Abraham examines the flexibility of Britain's much heralded unwritten constitution, and while acknowledging its unique evolution questions whether it remains an 'exemplary model'. Bosnia's written constitution is anything but organic: it is neither the work of popular will nor popular imagination. It might yet be a roadblock to permanent peace in that troubled country. But Mr Abraham's clever idea of a 'revolving constitution' for Bosnia might just hit the legal, cultural, and political sweet spot." - Hon. Dr Brett Mason, Australian Senator, 1999-2015; Ambassador to the Netherlands, 2015-2018
The publication of Aarif Abrahams book, in these troubled days, could not be more timely as we witness authoritarian regimes ignoring or rewriting their codified constitutions by obliterating the rule of law on which they purport to be based. Since 1945, we have been marching towards the promise of a rules-based world order premised on equality, liberty, and justice. Now, however, and in the particular context of the coronavirus pandemic, we clearly see that we were wrong. Abraham meticulously and cogently demonstrates that constitutions, or their interpretation, can be very far removed from the interests of the peopleof men but particularly women. (Women, we should remember, had no say at Dayton.) Political elites may proclaim re-written constitutions in their peoples name but more often than not the citizens are more a hindrance than a help. Abraham persuasively argues that authoritarians can and do manipulate poorly designed institutionswe are seeing this all over the world. An ideal constitution ultimately defends the individual against the power and machinery of the State. Abraham discusses ways to make constitutions better reflect the interests and desires of citizens. Abraham also shows there is something worth preserving in the British constitution; a flexibility and adaptability lacking in other constitutions. But the holy grail is ensuring we allow everyonewithout fear or hindranceto articulate that which they have at stake in the future; the dispossessed, marginalised and disenfranchised and particularly the women and minorities who have been written out of constitutions for too long. I strongly commend anyone who cares, and have concerns, about the rules-based world order to think through the very important questions posed by this book. It matters to all of us, particularly now.Margaret Owen OBE, International Human Rights Lawyer; Specialist on Womens Rights; Founder Member, GAPS-UK (Gender Action on Peace and Security); Director, Widows for Peace through Democracy
"'A Constitution of the People' rides the deliberative democracy wave and demonstrates how democracy and democrats are finding their purpose and relevance again, becoming the hard-working builders of consensus, institutional partnership and progressnot the vehicle for polarisation and political asset stripping." Graham Allen, The House magazine, 28 June 2021
Cuprins
Acknowledgments; Foreword; Introduction; A text about a text: constitutions of Britain and Bosnia; Look a shoot is sprouting: measuring culture; Going back to whence I sprang: assessing apathy; Weve still not found a cure: constitutional rules; We need to uncover lost paths: modelling change; A text about hope: lessons from Bosnia and Britain; Beyond Law, Prescriptions and Conclusions; Afterword; Appendices; Glossary; References.