Skip to content

Noah R. Feldman, Imposed Constitutions and Established Religion, 4 Rev. Faith & Int'l Aff. 3 (2006).

Abstract: Today the idea of imposed constitutionalism takes place against a backdrop of widespread commitment to democratic self-determination. This can create a tension between equality and autonomy, where the franchised majority supports the marginalizationof some, but also resists interference by outsiders in the matter. However, interfering in constitutional processes abroad in order to ensure that they empower as many people as possible can establish egalitarianism as nothing more than a formalistic constraint demanded by outsiders. For a constitution to succeed it must be established by local self-interest, not external pressure that is by definition temporary.