تصميم الدساتير و بناء الثقة : دراسة في تجارب الانتقال الديمقراطي من منظور مقارن

Abstract EN

This paper examines the role of the constitution designing process in pushing the democratic transition towards cooperation, rather than conflict, in light of the great uncertainty that characterizes the democratic transition process regarding the fature.

Tlie study focuses on four successful cases of democratic transition (Poland, Chile, South Africa, and Indonesia) to identify the common factors that contributed to their success, trough its comparative approach, the study concludes that the process of constitution designing more socio-political than legal as it requires a great deal of bargaining and negotiations to achieve balance and harmony between the existing political and social actors.

The study shows how the adoption of arrangements that limit the absolute power of the majority (counter- majoritarian measures) was one of the strategies used to assuage any fears and build confidence among the various political actors.