Drawing on empirical evidence from online citizen feedback on the 2012 Egyptian Constitution, we demonstrate that despite normative skepticism about implications of participatory constitution making, citizen participation matters. Using data of more than 650,000 online votes and comments on the constitution, we find that draft provisions with higher public approval are less likely to change and those with lower approval are more likely to change. We also find that Articles related to rights and freedoms are more likely to change based on online public input. Finally, following the boycott of the Constituent Assembly by non-Islamists, changes in draft Articles based on public feedback drop sharply. These findings highlight the conditions under which participatory constitution making becomes more effective. First, consensus among citizens over the most salient issues increases the probability that those issues would be successfully incorporated in the constitution. Second, without ex ante elite agreement over the design of the constitution, it becomes difficult to account for citizen proposals amid political clash between elites.
Since the third wave of democracy, term limits have become a popular fixture of most constitutions intended to constrain the executive. Yet, recent constitutional reforms around the world show that presidents seeking re-election sometimes overturn the entire constitutional order to extend their power. What is the impact of these constitutional manipulations on the longevity of the executive in office? Using survival analysis of all political leaders and national constitutions from 1875 to 2015, this article demonstrates, for the first time, that when ‘authoritarian-aspiring’ presidents remove constitutional term limits, they increase their stay in office by more than 40%. Our findings contrast with a widely held position in the comparative authoritarian literature suggesting that dictators survive longer under institutional constraints. On the contrary, we argue that by removing constitutional barriers, rulers consolidate more power at the expense of their most ambitious allies and can stay in power longer.
Does public participation in constitution-making processes enhance constitutional legitimacy? Using an original public opinion survey conducted in Tunisia shortly after the adoption of the 2014 Constitution, this article examines whether public participation in constitution-making activities enhances perceived constitutional legitimacy. The results show that participants are more likely to support the constitution and its institutions than non-participants. We argue that participation increases constitutional literacy among the general public and this increased knowledge impacts the respondents’ perception of the constitution. The empirical findings confirm normative assumptions of participatory model of the democratic theory and suggest that inclusive and participatory constitutional reform processes, in contrast to an elitist approach, are more likely to yield democratic constitutional outcomes which are supported by larger segments of the society.
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