Making Constitutions in Deeply Divided Societies

Hanna Lerner's Making Constitutions in Deeply Divided Societies examines how Israel, India, and Ireland navigated constitution-making amid internal conflicts.

In Making Constitutions in Deeply Divided Societies, Hanna Lerner delves into the intricate processes of constitution-drafting in contexts marked by significant social and political conflict. Focusing on Israel, India, and Ireland, she highlights how these nations navigated their unique challenges to establish democratic constitutional orders. Lerner argues that rather than relying on revolutionary upheaval, these societies adopted an incrementalist and evolutionary approach to constitution-making, allowing for a more adaptable framework in the face of internal divisions.

The core question posed in Making Constitutions in Deeply Divided Societies revolves around how societies, often struggling to find common ground, can successfully draft a democratic constitution. Lerner emphasizes that this process does not necessitate a consensus on shared values but can thrive on strategic ambiguity and compromise. By examining the constitution-writing processes in the aforementioned nations, she illustrates how drafters employed various techniques to manage contentious issues, including the use of vague legal language and the incorporation of contrasting provisions.

Through her analysis, Lerner reveals that an effective constitution can emerge even in the absence of a unified national identity. By deferring contentious decisions to future political institutions, these societies have crafted documents that, while reflective of their divisions, also pave the way for democratic governance. This exploration provides valuable insights into the complexities of constitution-making in contexts where identity and values are deeply contested.