Between the People and the Constitution: The Constitutional Role(s) of the Legislature
Aruna Sathanapally
Sathanapally.pdf (2.23 MB)
Between the People and the Constitution: The Constitutional Role(s) of the Legislature

This paper analyses the different senses in which the legislature’s relationship to the constitution can be understood. While broader recognition of the role that legislatures can play in relation to constitutions is valuable, there are other matters of concern relating to the realities of legislatures, in relation to representation, accountability, and deliberation, which merit greater consideration in constitutional literature.

In 2011, this working paper was adopted by the United Nations Development Programme in a dossier distributed to 2,500 organisations and individuals working in governance assessment. 

ALSO OF INTEREST
Policy Brief
The Constitutional Court of Poland: The Battle for Judicial Independence

In this policy brief, human rights and criminal lawyer Mikołaj Pietrzak argues that Poland's ruling party is implementing a programme of deep constitutional, social, and political change, including limitations on the role of the judiciary, which poses a threat to the constitutionally enshrined separation of powers in the fledgling democracy.

Download
Policy Brief
Populist Constitutionalism and Meaningful Popular Engagement

Populists challenge liberal constitutionalism by claiming to put the ordinary citizen in the centre of the political system, while reducing the powers of the ‘enemies of the people’. Sociologist Prof Paul Blokker argues that populists reduce democratic legitimacy, and asks: Why have populists found it so easy to radically change constitutional institutions and norms, and what can we do about it?

 

Download
Policy Brief
Political and Constitutional Conflict in the West Papua Region of Indonesia

This policy brief, published in conjunction with the University of Warwick Politics of Papua Project, presents 14 recommendations for the United Kingdom and the international community to help bring an end to the political and constitutional conflict in the West Papua Region of Indonesia. 

Download
Policy Brief
The Impact of Populism on Courts

There is a general trend among recent populist movements to implement measures that interfere with the independence and proper functioning of the judiciary. These movements seek to frame the courts in opposition to the popular will, yet the truth is more complicated than the populists would have us believe.

Download