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7 - Potential dangers

Published online by Cambridge University Press:  25 October 2011

Hanna Lerner
Affiliation:
Tel-Aviv University
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Summary

The main argument of the book has been that the adoption of incrementalist strategies with respect to foundational conflicts allows deeply divided societies either to enact a formal democratic constitution or to function within the framework of informal material constitutional arrangements. While avoidance and ambiguity are useful facilitating tools, it is important to understand their difficulties. This chapter will discuss the potential dangers that are inherent to the incrementalist approach to constitution-making: compromising basic rights, potential over-rigidity of the material constitutional arrangement, and the risk of inter-institutional polarization between the legislature and the judiciary. It will further seek to demonstrate how these dangers have been displayed in the political and legal developments in the decades since the incrementalist constitutional arrangements were put in place. The conflicts involving religious identity that were discussed in previous chapters (India's uniform civil code and the secular–religious conflict in Israel) have intensified significantly in recent decades, compared to the other conflicts that have been discussed (linguistic identity in India and national identity in Ireland). A further and much larger study is required in order to identify particular links, or causal mechanisms, that trace the different affect of various incrementalist constitutional strategies on different types of conflict. One may even doubt that such links could be drawn at all. Nevertheless, for the sake of this study, the increasing tensions around religious foundational issues in Israel and India will be analyzed below as illuminating examples of the potential dangers that are inherent to the incrementalist approach to constitution-making.

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Publisher: Cambridge University Press
Print publication year: 2011

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  • Potential dangers
  • Hanna Lerner, Tel-Aviv University
  • Book: Making Constitutions in Deeply Divided Societies
  • Online publication: 25 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793394.009
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  • Potential dangers
  • Hanna Lerner, Tel-Aviv University
  • Book: Making Constitutions in Deeply Divided Societies
  • Online publication: 25 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793394.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Potential dangers
  • Hanna Lerner, Tel-Aviv University
  • Book: Making Constitutions in Deeply Divided Societies
  • Online publication: 25 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511793394.009
Available formats
×