Breakfast seminar looks into state-building, constitution-making and legitimacy

The two young scholars from the University of Aix-Marseille, Manon Bonnet and Theo Fournier, who are being hosted by the Community Law Centre presented their research at a breakfast seminar on 4 June at the University of the Western Cape. The two have been conducting research at the centre on state-building, constitution-making and legitimacy as of the MA theses.

Manon Bonnet presented on the legitimacy of international constitution-making. She examined if international law permit constitution-making under international control and can the results be legitimate. Her research focused on Afghanistan, Cambodia, Bosnia and Herzegovina, Iraq, Namibia, Sudan, and Timor Lest.

The consequences of constitutional amendment in out-of-crisis constitutions, was the focus of Theo Fournier’s presentation. He questioned if autocratic government often ends with adoption of a new constitution or important amendments to older one but how does the amendment process intersect with the economic, social and political evolution of the country. He looked at South Africa, Hungary,Burkina Faso and Egypt in order to study how a constitutional amendment can threaten the democratic transition.

The discussion was moderated by Prof Jaap de Visser amd Prof Xavier Phillippe (Aix-Marseille/UWC) acted as a respondent.