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Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
Price: $40.00
Pages: 312
Publisher: Ibidem Press
Imprint: Ibidem Press
Series: Balkan Politics and Society
Publication Date:
30 April 2021
Trim Size: 8.27 X 5.83 in
ISBN: 9783838215167
Format: Paperback
BISACs:
Bosnia and Britain appear not to have much in common, but Abraham’s book convincingly elucidates a common truth; if societies want justice and democracy, they must develop inclusive constitutions and cultivate their peoples’ political culture. The promise of peace is not a distant hope but a present task of ascertaining, accepting and aligning peoples’ regard for justice and democracy with the preferences of elites and institutions that represent them. Bosnia’s codified constitution, which was hastily imposed—without a popular mandate—may incentivise political and ethno-national conflict. Bosnia was not allowed to evolve to the democratic settlement wished for by its people. Britain, by contrast, has an uncodified constitution which evolved over centuries, but piecemeal and partisan ‘reform’ or codification is neither inclusive nor fair; to its nations or its people. Abraham’s book helps us to rethink and re-evaluate what we take for granted: our democratic political culture. On the road to reform, we ought to take heed and understand that changing the rules of the game is not enough. We must ascertain that we are able and willing to adhere to them and that means consulting all of our people for a just and fair social contract—written or unwritten.
Aarif Abraham is an International Human Rights Law Barrister at Garden Court North Chambers in the UK. He specialises in public, constitutional and administrative law as well as international criminal law.