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15 - Constitution Making

Speaking with One Voice in Multicultural Societies

Published online by Cambridge University Press:  25 April 2022

Roberto Gargarella
Affiliation:
Universidad de Buenos Aires, Argentina
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Summary

The question that I explore in this chapter is the following: what should delegates in a constitutional assembly do, in order to properly take into consideration the demands of rival groups, which are usually present in the context of multicultural, divided societies? In my analysis, I make reference to four different responses to the fact of pluralism, which we find in the history of constitutional conventions, namely “imposition,” “synthesis,” “silence” and “bundling”.After describing these four different responses, I concentrate my attention on the analysis of the latter –“bundling”- which has been the more significant and influential approach, within the history of constitutionalism in the Americas, and also one very important in other parts of the world..

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Constitution Making
  • Roberto Gargarella, Universidad de Buenos Aires, Argentina
  • Book: The Law As a Conversation among Equals
  • Online publication: 25 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009105682.016
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  • Constitution Making
  • Roberto Gargarella, Universidad de Buenos Aires, Argentina
  • Book: The Law As a Conversation among Equals
  • Online publication: 25 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009105682.016
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Constitution Making
  • Roberto Gargarella, Universidad de Buenos Aires, Argentina
  • Book: The Law As a Conversation among Equals
  • Online publication: 25 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009105682.016
Available formats
×