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Bernal, Carlos --- "How constitutional crowdsourcing can enhance legitimacy in constitution making" [2019] ELECD 2418; in Landau, David; Lerner, Hanna (eds), "Comparative Constitution Making" (Edward Elgar Publishing, 2019) 235

Book Title: Comparative Constitution Making

Editor(s): Landau, David; Lerner, Hanna

Publisher: Edward Elgar Publishing

Section: Chapter 11

Section Title: How constitutional crowdsourcing can enhance legitimacy in constitution making

Author(s): Bernal, Carlos

Number of pages: 22

Abstract/Description:

This chapter assesses how constitutional crowdsourcing can enhance legitimacy in processes of constitution making and amending in stable democracies. Constitutional crowdsourcing gives rise to opportunities and challenges. It opens-up fresh possibilities for participation by individuals and groups previously excluded from constitution-making deliberation, expression of political preferences, and decisions. It may also increase autonomy, equality, and transparency. However, at the same time, these kinds of strategies create the challenge of establishing constraints for securing these possibilities and ensuring that the relevant agents engage in a meaningful way. Legitimacy qua justifiability about constitution-making processes depends on overcoming this challenge.