Constitutional conventions, direct democracy and institutional change

Ref. 9748

Methods

Method description

Like all researches undertaken so far by the c2d, this project combines methods of law and political science. The legal analysis is predominant in parts I and II. However, the classic methods of legal interpretation will not be used very often, as constitutional conventions hardly ever give rise to a significant body of statute and case law. This is precisely one of the reasons why conventions are such a fascinating object of scientific curiosity. As the objective is not to study the product, i.e. constitutions, but specific processes, it is more a study of institutional change than of constitutional law. Through the use and comparison of different historic documents, records, minutes, accounts, media reports and the like the phenomenon can be surrounded and hopefully brought nearer. The greatest methodological difficulty lies in the complexity of comparison between literally hundreds of constitutional conventions from 1778 to this day, in probably several dozens states and state like entities. Part II relating to direct democracy poses no specific methodological problems, as the c2d database is already well furnished with all kinds of data in this respect. The political science methods will basically rest on analysis of the decision making processes that lead to constitutional convention, that are central to the debates within these conventions and that follow the conclusion of these debates in the process of ratification by the people or another state organ. Again, a simplified APES (actor - process - event) scheme will be applied1. Part IV uses the traditional methods of conflict resolution studies. Erhebungsverfahren: Inhaltsanalyse offen, Akten- und Dokumentenanalyse offen, Experiment Quasi Experiment

Method (instruments)