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Involvement and Impact of External Actors on Constitution Making in South Sudan and Somaliland: A Comparative Study
[working paper]
Corporate Editor
Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21)
Abstract In order to examine the implications different forms and degrees of internationalised constitution making have on ideas of statehood and the legitimacy of a constitution, the study compares two cases - South Sudan and Somaliland - to explore contrasting patterns of international involvement in const... view more
In order to examine the implications different forms and degrees of internationalised constitution making have on ideas of statehood and the legitimacy of a constitution, the study compares two cases - South Sudan and Somaliland - to explore contrasting patterns of international involvement in constitution making. South Sudan is the one 'extreme' case with strong international intervention, with Somaliland at the other 'extreme'. This paper demonstrates that the actual process matters and once again reinforces scepticism about the ways in which internationalised constitution making is conducted in war-torn settings. In Somaliland the societal consensus production, which included negotiating a governmental structure, was in the hands of the local elites for the constitution making period, which lasted a decade. In South Sudan the consensus production has so far been framed and guided by powerful international actors who had a seat at the local negotiating table. Not only does path dependence seem to prevent the production of a broader consensus on the mode of statehood, but the local translations of international 'models' also seem to be contrary to intended Rule of Law ideas. The study indicates that even though a locally driven and owned process supports the production of a legitimate constitution, international support is not generally denied. Inherent tensions between 'local ownership' and 'external intervention' may open space for re-negotiations on different normative perceptions and may support a redefinition of exclusion/inclusion dynamics. Nevertheless, to avoid these tensions becoming un-negotiable as a result of the imposition of international assistance which may lead to international 'models' simply being rejected or manipulated in line with internal power relations, constitution making needs to be conducted in an open manner by the local actors themselves.... view less
Keywords
South Sudan; Somalia; constitutional state; legitimacy; constitution; intervention; international aid; constitution-making; legislation
Classification
International Relations, International Politics, Foreign Affairs, Development Policy
Political System, Constitution, Government
Free Keywords
Constitution making; Rule of Law; South Sudan; Somaliland
Document language
English
Publication Year
2017
City
Duisburg
Page/Pages
45 p.
Series
Global Cooperation Research Papers, 18
DOI
10.14282/2198-0411-GCRP-18
ISSN
2198-0411
Status
Published Version; peer reviewed