A Constitution-Making Analysis from the Un Intervention: The Difficulties of Materialization of the Constitutionalism of Transition and Transformation

Carina Barbosa Gouvêa () and Pedro H. Villas Bôas Castelo Branco ()
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Carina Barbosa Gouvêa: Federal University of Pernambuco
Pedro H. Villas Bôas Castelo Branco: State University of Rio de Janeiro

Chapter Chapter 5 in UN Interventions and Democratization, 2023, pp 79-108 from Springer

Abstract: Abstract This chapter of the book allowed to verify how the international organization acts in the consolidation of democracy through the political-legal structuring that is connected to three distinct phases: the pre-constituent, constituent, and post-constituent. Thus, the need to analyze the ability to obtain a constitutional text coated with legitimacy from the constitution-making process carried out by the UN was observed. The work explores its potentialities, as well as a critical appreciation of the design of the constituent process, the institutional modeling, and the content of rights, which revealed the difficulties of materializing the transitional and transformational constitutionalism, offering some contributions related to this great challenge. The also has, in order to illustrate the theoretical arguments, a semi-structured interview, carried out with six military personnel (five from Brazil and one from USA), aiming to collect data and experiences in UN missions. The shifting of the UN idealized guidelines to the reality of a country that is undergoing a process of political transition is not always simple, requiring a connection with the cultural elements and the organization of the society.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:socchp:978-3-031-32715-5_5

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DOI: 10.1007/978-3-031-32715-5_5

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