Constitution-Makıng Methods In Divided Societies: The Coexistence Of Incrementalist And Particıpatory Approach

Abstract

In deeply divided societies, where constitution-making methods are as important as constitutional preferences, there is a need for a more innovative and flexible understanding outside the narrow molds of traditional methods. A process in which controversial issues that divide social groups are referred to ordinary political processes, involving all political actors and encouraging the public to participate directly or indirectly in every stage of the constitution-making process can be functional in removing the burden of new constitutional debates in deeply divided societies. In this context, a constitution-making process that combines incrementalist approach to constitution-making and participatory constitution-making methods should be seen as the first step in bringing deeply divided societies together with constitutional democracies.