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    <article-meta>
      <title-group>
        <article-title>The Future of Democratic Participation:</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Sean Deely</string-name>
          <email>sean.deely@gmail.com</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Tarik Nesh Nash</string-name>
          <email>tarikn@gmail.com</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Postwar Reconstruction and Development Unit, Dept. of Politics, University of York, York, England University of Mundiapolis</institution>
          ,
          <addr-line>Aéropole Mohammed V, Nouacer</addr-line>
          ,
          <country country="MA">Morocco</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>During the Arab Spring revolutions protestors used mobile communications technology and social media platforms to share information, mobilize supporters, and organize activities to bring about the political transformation of their countries. In each case the drafting of a new constitution was the next step adopted to continue that transformation. We ask whether the digital revolution that powered the overthrow of old regimes during the Arab Spring can also be used to facilitate a similar level of participation in the constitution making process and we present “my.con”, an online platform allowing citizens to collaborate in constitutional drafting.</p>
      </abstract>
      <kwd-group>
        <kwd>participation</kwd>
        <kwd>constitution making</kwd>
        <kwd>social media platforms</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>-</title>
      <p>Recent attempts to promote participatory constitution making in post-authoritarian
Arab states have struggled to overcome the limitations imposed by citizens’ lack of
familiarity with substantive issues, or the lack of experience of incorporating citizens’
views into deliberations and drafting. Increasingly however these limitations are
being overcome by advances in digital communications technology. Today young
people get their news from social media and Internet platforms and they are more likely
to get political and social information and advice from blogs or microblogs. Globally,
Arab youth are the most likely to exchange political views on line. This paper
addresses post-conflict constitution making as a key stage in the transition to democracy
in the context of the Arab Spring revolutions. It analyses the findings from studies of
constitution making practice in post-conflict states and identifies a number of
prerequisites for meaningful participation. After reviewing recent developments in mobile
communications technology and social media use in the Arab region, the paper
presents “my.con” an online platform allowing citizens to participate in different stages
of the process and collaborate in constitution drafting.</p>
    </sec>
    <sec id="sec-2">
      <title>Defining Participation</title>
      <p>If meaningful participation is the key to legitimacy in developing and sustaining
democratic political systems, what constitutes meaningful participation? For the vast
majority of citizens participation was traditionally limited to voting – either to elect a
constituent assembly at the beginning of the process, or to endorse or reject the
constitution when drafting was completed [20]. Since the end of the Cold War, efforts
have been made to broaden participation in the constitution-making process in
recognition of the growing importance of popular engagement as a basic right and a source
of legitimacy. While there have been some outstanding examples of successful
processes, a review of the literature suggests that progress has been uneven. This seems
to be partly as a result of the daunting logistical challenges, partly a consequence of
poor planning, and sometimes due to a lack of conceptual clarity. A number of
prerequisites for meaningful participation are identified.
2.1</p>
      <sec id="sec-2-1">
        <title>Forms of Participation</title>
        <p>
          Constitution making is participatory if it incorporates opportunities for the broader
public to engage in the process through some combination of oversight, direct input,
and ratification [
          <xref ref-type="bibr" rid="ref13">13</xref>
          ]. Traditionally the most common forms of participation have
involved voting: either at the beginning of the process when citizens might have the
opportunity to elect representatives of a deliberative body to draft the constitution, or
in a referendum to endorse or reject the draft constitution produced by an assembly or
commission [
          <xref ref-type="bibr" rid="ref14 ref15 ref6 ref9">15,14,31,6,9,20</xref>
          ].
2.2
        </p>
      </sec>
      <sec id="sec-2-2">
        <title>Electing Representatives to Prepare the New Constitution</title>
        <p>
          The members of the entity responsible for preparing the new constitution can either
be appointed to a commission or elected to a representative assembly [
          <xref ref-type="bibr" rid="ref15">15</xref>
          ]. In the case
of a commission membership is usually based on technical expertise but may also
reflect political affiliation or social diversity. The assembly is a democratic and
representative body, and is usually elected. Depending on the specific process this type of
participation has both advantages and drawbacks. In some cases a proportion of the
delegates may be nominated to represent special interests [
          <xref ref-type="bibr" rid="ref15">15,20</xref>
          ]. The representative
body may be a constituent assembly elected specifically for the purpose of preparing
the new constitution or it may take the form of a regular legislature with an additional
mandate to produce the new charter. In the context of a post-conflict transition the
election of a constituent assembly is seen as providing an important opportunity for
reconciliation through national dialogue [31].
2.3
        </p>
      </sec>
      <sec id="sec-2-3">
        <title>Approval by Referendum</title>
        <p>
          The draft charter is made public and citizens vote in a referendum to approve the
proposed constitution, usually in a ‘yes’ or ‘no’ vote on the charter as a whole. Since
the early twentieth century public ratification has been the most common form of
public participation in the process of producing a new constitution [20]. The
knowledge that the charter will have to gain the formal approval of the citizenry helps
to ensure that the drafters give due consideration to the expressed interests and
aspirations of the people [
          <xref ref-type="bibr" rid="ref15 ref7">15,7</xref>
          ]. Processes in which public participation in a referendum
was required to approve the constitution also tend to produce constitutions that adopt
the referendum as a mechanism for public participation in governance decisions in the
future [
          <xref ref-type="bibr" rid="ref7">7,31,34</xref>
          ]. Some experts believe that while the referendum is a useful
legitimizing devise, it may not actually be necessary if the constituent assembly is fully
representative, and can actually complicate matters and produce fresh divisions in society
[
          <xref ref-type="bibr" rid="ref15">15</xref>
          ].
2.4
        </p>
      </sec>
      <sec id="sec-2-4">
        <title>Civic Engagement and Outreach Campaigns</title>
        <p>
          In recent years constitution-making processes have experimented with a growing
range of strategies and methods that seek to educate citizens on the basic elements of
constitutionalism and to survey their views or provide formal opportunities for
consultations with groups representing various political, religious, professional,
economic, cultural, and social interests and rights [21,34,32]. Brandt et al. [
          <xref ref-type="bibr" rid="ref9">9</xref>
          ] make the
distinction between direct and indirect forms of participation. Direct participation
includes traditional approaches that range from face-to-face meetings, community
gatherings, and national conventions focusing on key interest groups or themes, to debates
on specific issues and options, and public opinion polling using digital technology.
Mechanisms to solicit and process written submissions are designed and incorporated
in the formal process. Submissions can come from individuals or formally constituted
bodies. Indirect forms of participation can vary from demonstrations in support of
particular interests to other forms of lobbying, to any form of community or group
mobilization or collective action to create pressure for a particular demand. It also
includes written submissions and petitions submitted by individuals and groups where
no formal process or mechanism exists [
          <xref ref-type="bibr" rid="ref15">15,21</xref>
          ].
2.5
        </p>
      </sec>
      <sec id="sec-2-5">
        <title>Combining Forms of Participation: The South African Process</title>
        <p>
          Most processes today use a combination of voting with civic engagement and
outreach to promote popular involvement. Probably the most successful participatory
constitution-building campaign ever conducted was the South African process that
took place between 1989 and 1996 [
          <xref ref-type="bibr" rid="ref1 ref9">21,9,1</xref>
          ]. In April 1994, voters elected
representatives to a constitutional assembly. From 1994 through 1996 these representatives
engaged in an intensive outreach campaign to educate the public and provide
opportunities for them to express their views and make submissions to the drafting body. A
multi-media campaign provided information and awareness raising material via
newspapers, radio and television, billboards, and public buses. The assembly also
published its own newspaper reaching a circulation of 160,000. Humour was also
employed to spark interest and fuel debate using cartoons. A website was designed to
provide up-to-date information, and public meetings were organized to provide
information, share opinions, and solicit input. Altogether these efforts are estimated to
have reached some 73 percent of the population. The success of the campaign in
generating public participation can be gauged from the two million opinions, petitions,
and other contributions submitted to the assembly by individuals, civil society
organizations, advocacy groups, professional associations, and other bodies between 1994
and 1996.
3
        </p>
      </sec>
    </sec>
    <sec id="sec-3">
      <title>Post-Conflict Constitution Making</title>
      <p>
        The many ways in which a constitution-making process contributes to the
development of a democratic system are well documented [
        <xref ref-type="bibr" rid="ref14 ref16 ref7">7,16,32,14,21</xref>
        ]. A constitution
establishes a system for the distribution of power and resources in society, regulating
political institutions, constraining executive power, and protecting fundamental rights
and privileges. By reaching out to the various communities and constituencies and
bringing them together around the goal of developing a new constitution, the process
can contribute to peacebuilding and reconciliation, educating the population and
engaging them in a national dialogue on the form and function of the future state and
their place in it. In the immediate aftermath of a revolution a participatory
constitution-making process can serve two particularly urgent functions: (a) it provides a
platform for engaging the major groups in society in the development of a new
political system; and (b) it establishes a foundation for a culture of democratic political
behavior without which the democratic transition is unlikely to survive.
3.1
      </p>
      <sec id="sec-3-1">
        <title>The Challenge of Transition</title>
        <p>In a revolution, those demanding radical change confront the reactionary forces of the
old order and seek to replace a political system that does not meet their needs. Many
internal conflicts occur when this political system fails to resolve differences between
major groups in society. It may be that the old arrangements are no longer acceptable
to some groups, or that the regime has taken on new powers and underestimated the
depth of popular discontent and frustration. The overthrow of an autocratic regime
tends to result in varying degrees of disruption and disorder as newly empowered
actors seek to establish the legitimacy of the new political system. System legitimacy
is derived from the belief that the existing political institutions are the most
appropriate ones for the society [19]. It is generated from one of three sources - traditional,
charismatic, or rational authority, or a mixture of the three Weberian types [35]. The
main challenge of transition is to agree on a new system that satisfies the needs of
these groups, sufficiently at least to allow the transition to proceed. If the proposed
political system or the roadmap to produce the new system is not perceived as
adequately accommodating to the claims of the major groups in society, a new crisis of
legitimacy may develop during the transition [19]. The challenge for the interim
authorities is to ensure the legitimacy of the new political system, its institutions and
working arrangements, in the eyes of the major groups in society?
3.2</p>
      </sec>
      <sec id="sec-3-2">
        <title>Legitimizing the New Order</title>
        <p>The legitimacy of political institutions in Arab states tends to be based more on
charismatic, strongman leadership or traditional arrangements rather than rational or legal
authority (Lewis 2005). The overthrow of the old regimes in the Arab Spring
revolutions removed the strongman rulers and sought to replace their political institutions
with more rational legal arrangements accountable to the people. The most important
challenge they face is how to establish a system that reconciles the demands of major
groups with competing claims, historical grievances, questions of authority over
particular communities and geographical areas, and issues of representativeness or
legitimacy of transitional institutions or arrangements [19].</p>
        <p>
          Proponents of participatory constitution-making point to a growing body of
evidence that popular participation can build consensus among the main political groups
about the type of political system and institutions [
          <xref ref-type="bibr" rid="ref14">21,34,14,31</xref>
          ]. If the public
consultation process produces a broad consensus, it can become a cornerstone for the
legitimacy, acceptance and stability of the new regime [23]. A representative process can
significantly reduce the demand for renegotiation or the resistance of groups who
claim that their interests have been neglected. In the post-revolution vacuum it can
also help guard against manipulation by dominant or politically adept actors seeking
to impose a particular agenda or to consolidate power. Experience suggests that even
if people have not fully understood the issues, or the process was largely ceremonial
they still feel a degree of ownership of and commitment to the resulting constitution
[
          <xref ref-type="bibr" rid="ref14">14</xref>
          ].
        </p>
        <p>The right to public participation in democratic governance exists in international
law, notably in the International Covenant on Civil and Political Rights, which
establishes minimum obligations for participation in public affairs [21]. In addition, the
United Nations Committee on Human Rights has recognized a specific right to
participate in constitution making [21]. In the context of a post-authoritarian transition the
right to participate goes well beyond the legal dimension: the emotional importance of
consulting the people who have fought for their right to decide what type of state and
government they want cannot be overstated. Participation in the constitution-making
process acknowledges the role they have played and the sacrifices they have made,
and gives them the opportunity to build a legitimate new constitutional order.
3.3</p>
      </sec>
      <sec id="sec-3-3">
        <title>Developing a Democratic Culture to Sustain the Transition</title>
        <p>
          A second fundamental question for post-revolutionary Arab countries is how can they
develop the democratic political behavior to sustain the transition? Experience shows
that the violent overthrow of a regime tends to produce a “commandist” political
culture that favors those who have more radical, militant, extreme, unquestioning,
totalistic agendas. These groups tend to be driven by an ideal that fuels a belief in their
monopoly of legitimacy, which is used to justify a lack of willingness to compromise
or moderate demands. The singularity of purpose that inspired their military campaign
against the old regime metastasizes into intolerance of other political forces whose
opposition views are characterized as support for the former regime [
          <xref ref-type="bibr" rid="ref11">11</xref>
          ].
        </p>
        <p>
          Democracy depends upon having not only the proper political institutions but also
a democratic political culture – the values, attitudes, and perceptions that determine
the way citizens think, believe and behave socially and politically [
          <xref ref-type="bibr" rid="ref3">3</xref>
          ]. High levels of
interpersonal trust, political interest, involvement in community and civic
organizations, and tolerance of others are all essential components of a democratic political
culture [
          <xref ref-type="bibr" rid="ref11">11</xref>
          ]. These characteristics tended to be low among Arab citizens in the five
societies that were surveyed twice in the Arab Barometer and actually decreased
between the first and second surveys [33]. How, after decades of dictatorship, can they
develop the culture of moderation, accommodation, cooperation, and bargaining
among political elites that will allow them to sustain the transition and not revert to
the strongman, “clever personality” [
          <xref ref-type="bibr" rid="ref2">2</xref>
          ] authoritarian rule of the past? Transforming
the political culture of a society is one of the most difficult aspects of any
postconflict transition. Deeply engrained political and social practices built up over
decades do not change with the holding of an election and the adoption of a new
constitutional framework – it requires long-term strategies that engage citizens through cycles
of civic education, dialogue and participation [32].
        </p>
        <p>
          Research undertaken by the International Institute for Democracy and Electoral
Assistance (IDEA) in twelve countries emerging from civil conflict or authoritarian
rule suggests that constitution making processes that adopted participatory strategies
and methods contributed to democratic education in societies that had not had
political freedom or the chance to shape the governance of their state in the past. This led
directly to the political empowerment of wide sections of the population and
contributed to constitutions favoring free and fair elections, greater political equality, more
social justice provisions, human rights protections, and stronger accountability
mechanisms [31,22]. This is supported by Ghai and Gali [
          <xref ref-type="bibr" rid="ref14">14</xref>
          ]: “A constitutional review
process with a careful scheme for public participation can, to a considerable extent,
familiarize the people with the concept and procedures of political authority, and win
support for the idea of a limited government that is bound by rules and accountable to
the people”. Research by the Comparative Constitutions Project also supports the
contention that participatory processes produce constitutions that create better
conditions for democratic consolidation by requiring governments to hold a national
referendum when major changes in governance are proposed, and by guaranteeing a public
role in approving constitutional amendments [20].
        </p>
        <p>
          Overall, findings and analysis from a range of studies indicate that a participatory
constitution-making process contributes to the transformation of the political culture
by raising people’s expectations through education about their rights and
responsibilities and how they can engage with fellow citizens to bring about changes in
government without resort to violence [
          <xref ref-type="bibr" rid="ref14 ref15 ref5">5,21,14,15,20,26,32</xref>
          ].
3.4
        </p>
      </sec>
      <sec id="sec-3-4">
        <title>Limitations</title>
        <p>For some scholars the risks of high levels of popular participation outweigh the
benefits. Landau [25] cites Bolivia, Venezuela, and Egypt as examples of transitions
where participation has created opportunities for powerful individuals and groups to
manipulate popular demands, polarize participation and impose authoritarian agendas
at a time when institutional order is weak. Other researchers point to experiences
where consultation has fuelled unrealistic expectations that cannot be met from states’
limited resources, enshrining unattainable aspirational rights into the constitution, and
subsequently failing to deliver on these rights in practice, thereby undermining the
credibility of the participation process and jeopardizing the legitimacy of the
constitutional order [26]. Nor are outcomes such as legitimacy and commitment as assured as
some proponents might suggest: the IDEA study also found that while participatory
processes resulted in constitutions enshrining rights for previously marginalized or
excluded groups, or include provisions addressing issues of social and economic
justice, and accountability “[t]hese provisions did tend to render the adoption and
enforcement of the constitutions more controversial, as they were often perceived by the
elites as a threat to their power or privilege” [32,22]. Analyzing the high level of
participation in the Ugandan process, Moehler [27] concluded that those who had
participated actively in the process were no more likely to support the constitution than
were other citizens.</p>
        <p>Overall, however, there is a large and growing body of research to support the
contention that properly constituted popular participation in the making of a democratic
constitution serves to legitimize the new political order and to initiate the
development of the civic culture that is needed to sustain the transition to democracy.
4</p>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>Towards a Formula for Meaningful Participation</title>
      <p>
        What constitutes meaningful participation by citizens is contentious at the best of
times [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ]. There is no set pattern for public participation in constitution making
processes. In most cases it is seen as an element of the design of the overall process, in
some it is an afterthought: “actual constitutional design processes employ scattered
and usually rather anemic forms of popular participation and oversight to substitute
for actual consent” [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ]. Highlighting the absence of established standards for
assessing whether a constitution-making process has been “free and fair” Brandt et al.
[
        <xref ref-type="bibr" rid="ref9">9</xref>
        ] note that many processes are undertaken with little reflection about what
constitutes a genuine and effective public consultation campaign. Large sums of money are
spent only to have the views ignored or never analyzed.
      </p>
      <p>In this section we look at some of the basic requirements for people to be able
to understand and engage in constitution making. We then suggest a combination of
elements that taken together could constitute a basic formula for meaningful
participation in the process.
4.1</p>
      <sec id="sec-4-1">
        <title>No Participation without Education</title>
        <p>For their vote in the constituent assembly election to represent some form of
meaningful participation, citizens need to be provided with a basic education on what a
constitution is and what they can expect from it, what functions it performs in a
democratic state, and how it can help build state institutions that better meet their needs as
citizens and solve the governance problems that restrict their political, social and
economic development. This education is even more important in countries emerging
from authoritarian rule where people are unlikely to be familiar with the concept of
constitutional government or understand how a constitution can be used to protect
their rights and fundamental freedoms and hold government accountable. Assembly
elections and referenda are the most common traditional forms of consultation1 [20].
However unless citizens have some understanding of how a constitution serves to
determine their rights and status, the functions and limitations of government, the type
of state they live in, and how their vote is likely to influence these provisions,
citizens’ participation in any constitution drafting election or referendum is likely to be a
tokenistic exercise.
4.2</p>
      </sec>
      <sec id="sec-4-2">
        <title>Forming and Aggregating Opinions</title>
        <p>
          Deciding whether the provisions are acceptable and should be endorsed implies
having had the opportunity to consider and discuss the alternative options in order to have
formed at an opinion in the first place. Opportunities need to be ensured for citizens to
access impartial information about the range of options to choose between in
designing the constitutional framework – whether in relation to the type of government,
levels of decentralization, executive power and constraints, fundamental rights, etc. –
and their relative merits and drawbacks. Debated in public, the worth of different
options can be seen by the strength of the arguments supporting them rather than
which proposals are supported by the most powerful representative or the largest
number of people [
          <xref ref-type="bibr" rid="ref5">5</xref>
          ]. It also contributes to reconciling different points of view, and is
an essential stage in a process of reaching the compromises that permit workable
solutions to political and social dilemmas [
          <xref ref-type="bibr" rid="ref8">8</xref>
          ]. Through informed discussion and
debate citizens test and challenge the opinions and arguments of others, and may be
compelled to accept a particular conclusion.
4.3
        </p>
      </sec>
      <sec id="sec-4-3">
        <title>Incorporating Citizens Views</title>
        <p>Providing channels for citizens to communicate their views to the constituent
assembly is essential for a participatory process. When citizens vote to elect a representative
it is reasonable to expect that there will be some formal process or mechanism to
communicate their views on particular issues or provisions to that representative or to
the body to which she has been elected. It is also important to note that in many
developing countries both professional experts and technocrats come almost exclusively
from the more privileged sections of society, the elite class with preferential access to
education and the upper echelons of the public service. At a minimum this means they
are less inclined to know about or understand the particular problems that arise from
systematic exclusion and marginalization. It almost certainly introduces a
conservative bias to their approach to policy and social development. It also has an impact on
1 The Comparative Constitutions Project (CCP): Analyzing data on the content of 806 constitutions
promulgated between 1789 and 2005 by Ginsburg et al detected a significant trend since the early twentieth century,
toward public ratification making it the most common form of public participation in constitution making
processes [20].</p>
        <p>
          the public’s perception of democracy: developing a democratic civic culture involves
nurturing a belief on the part of the individual citizen that their participation can have
an impact; that even as a single individual their voice will be heard and at least
considered in the deliberation process, particularly when it coincides with those of others
[
          <xref ref-type="bibr" rid="ref11">11</xref>
          ]. Ensuring formal channels for communication with the assembly are built into
the official process is essential to the effectiveness and credibility of the process.
4.4
        </p>
      </sec>
      <sec id="sec-4-4">
        <title>Special Arrangements for Traditionally Marginalized Groups</title>
        <p>
          What about special arrangements to solicit feedback from traditionally excluded or
disadvantaged communities or groups in society? Where these groups or communities
have been historically excluded from political participation exclusion becomes
selffulfilling as a result of disaffection and apathy towards the political system. Special
representation measures are needed to eliminate this systematic discrimination [36].
Special group representation measures may also be warranted in a multi-cultural
society where an indigenous community has the right to some form of self-government
[24]. There is a strong case for special arrangements for these groups in the process
[
          <xref ref-type="bibr" rid="ref14 ref15 ref9">9,14,15,22</xref>
          ]. Ghai [
          <xref ref-type="bibr" rid="ref15">15</xref>
          ] recommends that states allow representatives of minorities
and indigenous peoples, and minority-representative institutions, a special role – such
as initiation, prior consultation and special voting rights – regarding provisions that
have a major bearing on minority rights. This would imply a process of prior
consultation, and review of articles or provisions intended to address their marginalization,
or at a minimum the opportunity to highlight which articles did not meet their
expectations, either prior to or as part of a referendum.
4.5
        </p>
      </sec>
      <sec id="sec-4-5">
        <title>Democratizing the Drafting Process</title>
        <p>Going even further, a process that allowed specially convened citizens’ working
groups to collaborate in drafting articles about particular issues that were of profound
importance to them would be an even more meaningful form of participation.
Although some scholars baulk at the prospect of methods that involve direct input from
civil society citing “the magnitude of the challenges involved in absorbing public
suggestions” or “the challenges of writing-by-committee, much less
writing-bynation” [20], it is difficult to accept that the advances made in digital media and
communications technology do not offer more collaborative forms of drafting. In her
book “Wiki-Government” former U.S. Deputy Chief Technology Officer Beth
Noveck notes that while some activities require technical expertise, professionals,
bureaucrats or lawyers do not have a monopoly on expertise: “a person may be expert
on wetlands because she possesses professional credentialing. Another person may be
an expert because she lives near one […] for every project there is a different kind of
expertise, which could be sought” [28]. Allowing members of particular groups,
communities or professional bodies to self-select to participate in a drafting group of
their choosing is one way. Indeed as Beth Noveck notes “The ability to self-select to
participate in the arena of one’s choosing is what makes collaborative democracy
egalitarian” [28].</p>
      </sec>
    </sec>
    <sec id="sec-5">
      <title>A Formula for Meaningful Participation</title>
      <p>
        These requirements suggest some basic prerequisites, which – taken together – could
be seen as a formula for meaningful participation in the constitution making process.
They have been treated in varying degrees of detail in various studies of recent
constitution making processes. However, a review of these documents suggests that the key
to this formula is in the interdependence of the different elements [
        <xref ref-type="bibr" rid="ref7 ref8 ref9">7,8,9,20</xref>
        ]. A
process that provides all of these options for engagement at some level constitutes what
we believe is a platform for meaningful participation in the constitution making
process.
1. Information about the Process: Citizens cannot be expected to engage in the
constitution-making process if they are not given basic information about how it will
be conducted: what it is, who is responsible, how much time has been allocated,
whether it is divided into different phases or stages to facilitate agreement on
fundamental principles or major considerations prior to addressing the details of
individual provisions, whether there will be a civic education campaign, whether or not
citizens or interest groups will be consulted or given the opportunity to participate,
how the draft will be approved and adopted, etc.
2. Resources for Education: A well-designed scheme for public participation should
provide people with digestible civic education material through a variety of
appropriate channels and products. Topics should be tailored to people’s interest and
ensure a basic education on a range of political concepts and procedures of political
authority, forms of government, accountability, and how they can participate in the
affairs of the state and protect their constitutional rights [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ].
3. Forums for Opinion Formation and Aggregation: Meaningful participation also
implies individual citizens forming opinions about what they feel are the best
options for them as individuals and for their family, and community. Opinions are
formed when people receive balanced or impartial information about an issue, and
have the opportunity to express their interests and concerns and to question one
another, respond to criticisms raised, and critique the arguments and proposals of
others. Citizens need to be given the opportunity to debate contentious issues, to
understand what options are available, to form and aggregate opinions.
4. Channels for Communication: Citizens also need to be given the opportunity to
express their opinions, demands, expectations and priorities and to know that their
opinion will somehow be communicated to the body responsible for drawing up
the new charter. For this to happen the official procedure needs to include
processes for soliciting citizens’ input at three levels: a) passive monitoring of public
opinions about general issues (system of government, unitary or federal state structures,
etc.) as expressed in debates, public discussions, using online and traditional
media; b) consultation with interest group representatives such as civil society
organizations, professional associations, trade unions, cultural associations and rights
groups, and so forth, about specific provisions; and c) a process of actively
soliciting individual citizens’ and interest group submissions through a formal dedicated
mechanism for submissions to the assembly.
5. Inclusive Deliberation Mechanisms: During the drafting phase, these monitoring
and consultation processes need to be complemented by mechanisms for formally
engaging representatives and experts in deliberations about specific provisions. It
is at this level that democratic participation acquires its highest expression.
Selfselecting representatives of civil society organizations representing minorities,
people with disabilities or other traditionally marginalized groups or communities,
and people with specific expertise can be invited to contribute to the drafting of
particular provisions or articles or to provide feedback on drafts prepared by the
responsible thematic committee or subcommittee.
6
      </p>
    </sec>
    <sec id="sec-6">
      <title>Empowering Meaningful Participation in Constitution</title>
    </sec>
    <sec id="sec-7">
      <title>Making</title>
      <p>This section of the paper looks at the rapid growth of Internet and social media use in
the Arab Region in recent years and the ways in which Internet and mobile
technologies are contributing to unprecedented social networking and activity. Here we pose
the fundamental question: can the mobile technology and social media platforms that
powered the Arab Spring revolutions also facilitate meaningful participation in the
making of new constitutions for these countries? Can they be harnessed to meet the
five prerequisites for meaningful participation outlined above? A review of how
young people are using Internet and social media in the Arab Region suggests that all
of these needs can be met much more effectively through Internet and social media
platforms.</p>
      <p>
        A 2013 survey conducted across the Arab Region by the Dubai School of Governance
found that the region had more than 125 million Internet users with an average annual
growth rate close to 30%. The average penetration rate in the region was almost 30
percent while some countries (UAE, Bahrain, Qatar and Kuwait) reached 50 percent
or above. Even in countries like Morocco, Sudan and Yemen that had significantly
lower penetration rates growth rates were among the highest in the region [
        <xref ref-type="bibr" rid="ref12">12</xref>
        ].
 Eighty-six percent of the 15 to 35 years age group access the Internet on a
daily basis, compared with 63 percent of the 49 to 65 years group.
 More than one third (36%) of respondents reported spending between 3 and
4 hours on the Internet everyday.
 Forty-nine percent of respondents spend most of their time on the Internet
after 6pm on workdays.
 Eighty-eight percent indicated that they access the internet from home, while
54% access the internet from work, with only 12% of respondents accessing
the internet from school or university.
6.1
      </p>
      <sec id="sec-7-1">
        <title>Access to information</title>
        <p>
          Seventy-one percent of respondents in the Dubai School of Governance survey agree
that online communication has replaced traditional communication, and 85% believe
that social media has enabled their social activity [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ]. Forty-three percent connect
with friends several times a day and 23% said they use instant messaging several
times a day. The 2013 DSG report also supported the contention that a dedicated
Internet platform could significantly enhance citizens’ awareness of developments in
the constitution making process [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ]. The survey found that Internet is the primary
source of news about current events for 36% of respondents , with more users (29%)
getting their news from social media than from traditional media sources (28%).
Facebook is the most popular social network with 54% of respondents indicating they
use Facebook more than once a day, followed by Google+ (30%) and then Twitter
(14%) [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ]. 69% of respondents research their interests at least once a day and only
1% have never done so [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ].
6.2
        </p>
      </sec>
      <sec id="sec-7-2">
        <title>Customised education resources</title>
        <p>
          Findings from the 2013 DSG survey strongly support the hypothesis that Internet can
provide an important channel for education on the basic principles of democracy and
constitution making, with one person in four taking online educational courses while
one in three take language courses on the Internet [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ]. Thirty-two percent of
respondents use language learning platforms at least once a day and more than
one-infour (27%) take formal online courses several times a week, while 22% reported
taking free online courses at  least several times a week, 14% of these on a daily basis.
The use of educational videos was particularly popular: 31% of respondents reported
watching instructional videos at least once a day.
6.3
        </p>
      </sec>
      <sec id="sec-7-3">
        <title>Opportunities to receive impartial analysis to help form and aggregate opinions</title>
        <p>
          The use of weblogs or blogs during the Arab Spring revolutions showed the ease with
which young people in the Arab region could share information using social media in
an effort to influence their peer’s opinions and shape their social and political reality.
A 2012 survey of 3,000 Internet users conducted by the Ideation Centre in nine
countries in the Arab Region also suggests that Internet platforms that incorporate
blogging have the potential to play an important role in informing and shaping opinions on
complex concepts related to values and beliefs [30]. This was reinforced by the
finding that almost all religious figures in these countries now provide online guidance
through their own blogs allowing lay people to access different schools of thought
and effectively removing the hierarchical aspect of religious discourse. Seventy
percent of respondents reported using Internet to explore different aspects of religion and
find answers to questions [30]. Responses to the 2013 DSG survey support this
contention with 41% of respondents reporting that they read educational blogs at least
once a day [
          <xref ref-type="bibr" rid="ref12">12</xref>
          ].
6.4
        </p>
        <p>Channels for expressing these opinions and communicating with those
responsible for preparing the draft charter
A 21-nation survey conducted by the Pew Research Center’s Global Attitudes Project
highlighted the fact that social media users in Egypt, Tunisia, Jordan, and Lebanon
were much more likely to express their opinions about politics, community issues,
and religion. Between 60 and 68% of social media users have posted comments
expressing their opinions about politics online. This is up to twice the median (34%)
across 20 of the nations surveyed. Similarly while a cross-national median of 46%
reported sharing their views about community issues on social media, the figure rises
to 82% of users in Tunisia, closely followed by 81% in Lebanon, 80% in Jordan, and
74% Egypt. In the same survey users from 63% of users from a median of 14%
reported sharing views about religion on social networking sites – the figures for three
of the four Arab Region countries were almost four times higher. Although the
majority of Arab Internet users surveyed in the 2012 Ideation Centre study have not used
any online platform to participate in government processes many say they would if
they were given the opportunity. More than half respondents (56 percent) in
postrevolution Egypt said that they would use such a service, compared with 28 percent in
Algeria. Interestingly, 43 percent of respondents said they would use such a platform
is to give a suggestion, while 39 percent would use it to voice opinions about political
or social matters, and 29 percent would use it to compliment the leadership [30].
6.5</p>
      </sec>
      <sec id="sec-7-4">
        <title>Collaborative Drafting Mechanisms to allow citizens or representatives to collaborate in drafting specific elements of the new constitution</title>
        <p>On 9 March 2011, in response to a wave of demonstrations across by the country
demanding democratic change, the King of Morocco appointed a commission to draft
a new constitution. Moroccan citizens would be given the opportunity to vote in a
referendum on the constitution as a whole at the end of the review process [22]. There
were very limited opportunities for meaningful engagement.2 In an effort to promote
meaningful participation in the process activists 3 launched the website
www.reforme.ma on which they uploaded the entire existing constitution and asked
citizens to show their support for – or dissatisfaction with – each article or part of an
article in the constitution thereby indicating clearly to the members of the appointed
commission exactly where they wanted changes to be made. People were also able to
rewrite articles or add new ones. To attract people to the site, Reforme partnered with
Facebook groups created by activists and CSOs. Full Facebook and Twitter
integration allowed anyone who was a “friend” or “follower” of anyone already commenting
2 The commission was headed by an advisor to the king, as was a consultative body whose role was to liaise
between the drafters of the constitution and political parties, labor unions, professional and business
associations, NGOs and any individuals interested in making a submission to the new constitution. In a classic
example of “participation without power” there was no follow up or debate once the submissions had been
made and the members of the consultative body were only shown a written draft of the new constitution the
day before the king presented it to the nation in a televised speech [29].
3 Led by Tarik Nesh Nash.</p>
        <p>on the site to see what her friend on Facebook or Twitter opted to “Like” – essentially
creating a viral effect.</p>
        <p>On the strength of this review it would seem that social media and mobile
communications technology have significant potential to overcome the limitations experienced
by traditional forms of participation. If this is the case, how would advocates of online
participation go about building an Internet platform that delivers the five elements
identified in the formula presented above?
7</p>
        <p>“My.Con” – Options for Digital Participation
This section presents a proposal for an interactive Internet platform that deploys
social media tools and applications that have revolutionized the way people learn,
communicate, and network to maximize the opportunities for citizens to keep up to
date with the process, learn about the issues, seek advice, debate options and share
opinions, propose submissions, and collaborate in drafting specific provisions. Each
of its main features is designed to address one of the prerequisites in the formula for
meaningful participation so that together they constitute a comprehensive online
platform for popular participation on an unprecedented level.
7.1</p>
      </sec>
      <sec id="sec-7-5">
        <title>Internet Notice Board</title>
        <p>The greatest utility would surely be served by an online notice board that concentrates
in one site information about the official constitution-making process and also
features all the major news stories about related developments and events as they
happen. Ideally this part of the My.Con platform would have a formal link to the
constituent assembly secretariat to receive official information on the programme and
updates on the work of the assembly and its various committees and sub-committees. In
addition to news sourced through RSS feeds the Online Notice Board would engage
traditional media to both share relevant news stories and re-broadcast content that has
been developed through the platform. This would both ensure a regular flow of
relevant news while extending the reach of the platform to citizens who do not have
access to Internet. A linked page would provide NGOs with an online platform to
publicize their civic awareness and outreach work on the constitution-making process.
Information about events such as public debates, conferences, town-hall meetings,
training workshops, youth forums, etc. would be solicited from NGOs and published
in a calendar of events. Planned events would be shown on an interactive map so that
people could see what is going on in their area. This would also allow the constituent
assembly and NGOs to see what areas are underserved with civic education activities
and take action to organize events for people in these areas.
7.2
The objective of the online education section of the platform is to empower citizens
with education about the main constitutional topics and issues so that they can
participate meaningfully in the process. A basic education on the key issues would allow
people to engage in informed debate, advocate for specific rights and interests, and
contribute to decision-making about the future of the state. This section would feature
a series of 2-to-3 minute video tutorials introducing basic concepts related to
democratic government, constitutions, and the constitution making. The mini-tutorials
would be presented by a qualified communicator and illustrated with visual
representations using images, graphics, art, etc. to help the viewer remain engaged and better
understand the concepts being presented. Users would be able to watch tutorials
online (streaming) or download to a device. The download feature is included so that
people who do not have access to Internet can also benefit from the tutorial. It also
allows the tutorial to be shown to a group – e.g. students in a class or lecture setting,
family members at home, NGO staff or members, etc. This function is typically
undertaken through workshops or printed material. Working in partnership with
universities, secondary schools, NGOs, and traditional media using a carefully designed
dissemination strategy would help ensure the tutorials would benefit a broad section
of the popular.
7.3</p>
      </sec>
      <sec id="sec-7-6">
        <title>Expert Discussion Forum</title>
        <p>At the heart of the My.Con platform’s online discussion forum is the idea that
information or analysis from credible sources helps people form their own opinion about
an issue, particularly if the information is accompanied by a discussion or
commentary from a range of perspectives. The forum centres on a blog with regular posts that
shed light on a constitutional topic or recent development, highlight the main points in
a process, or offer useful suggestions about how to improve knowledge or take action.
Short posts like “Five Things the Constituent Assembly Needs to Do in Its First
Meeting” or “Three Ways You Can Participate in the Constitution Making Process”
empower users quickly with information they need to get involved in the process.
Readers can also leave comments in an interactive format that acts as a kind of
discussion forum. Research suggests that the inclusion of a discussion forum where users
can agree or disagree with the position taken in the blog post and write comments
contributed significantly to the popularity of many blogs. It also helps inform users’
opinions about the major questions as they arise or the choices that need to be made in
relation to specific options in the constitution making process. Expert contributors
would also identify the critical questions about the blog theme that would constitute
the subjects for the discussion forum, and facilitate an online question and answer
session in real time on the issues highlighted in the blog. These sessions would be
widely publicised on the blog page and though dedicated platform Facebook and
Twitter accounts to attract user participation.</p>
      </sec>
      <sec id="sec-7-7">
        <title>Upload Your Submission Channel</title>
        <p>The objective of the “Upload Channel” part of the platform is to mobilize members of
the public to record and upload their personal submission - or that of a relative, friend
or neighbor - to the constituent assembly. Anyone with access to a smartphone will be
able to submit their opinion by recording and uploading a short (30 second) video
explaining the priorities to be included in the constitution or addressed by the
Drafting Assembly. Uploaded on the constitution making platform, YouTube, and social
media these videos become a form of submission to the constituent assembly. Users
will be able to select an option to have their submission automatically posted to their
Facebook page and shared with their friends, and to be entered in a weekly
competition where videos are posted on the platform Facebook page and users vote for their
preferred upload. To make it easy for people to record their submissions, a specially
designed app providing a one-touch record-and-upload service could be developed
and made available for download free-of-charge. This can be a particularly powerful
way of giving voice to people who might not otherwise be able to interact with the
constituent assembly or submit any proposal to them. At different stages in the
process a video-collage could be compiled bringing together the video submissions that
best express the views, concerns and aspirations of citizens for the new constitution.
Special screenings could also be organized for the assembly both individual videos
and the final collage could be widely disseminated through social media, YouTube,
television, and traditional media.
7.5</p>
      </sec>
      <sec id="sec-7-8">
        <title>Collaborative Drafting Forum</title>
        <p>This component of the My.Con platform would engage online teams composed of
civil society representatives, interest group advocates, and academic experts in the
collaborative drafting of articles using a specially designed wiki. The primary users
would be self-selecting experts and representatives of civil society organizations who
speak on behalf of a CSO, professional association, NGO, academic body, or group of
students. The teams would be structured with set roles assigned according to different
types of experience and qualifications matched to key tasks. For example, roles could
include facilitator, drafters, advocates, subject specialists, and researchers who review
and analyze proposed articles, research, upload, annotate and cross reference relevant
articles from other constitutions draft new formulations and submit for review.
Inspired by the Peer-to-Patent initiative [28] the forum will make extensive use of a
visualization process by which participants can see on their screen the roles they have
accepted and tasks they have been assigned. Draft articles could be shared on
Facebook and voted on by the public prior to submission to the constituent assembly. This
facility could also be used to organize public commentary on individual articles
following the publication of a draft constitution prior to referendum. Citizens would be
able to identify articles that they did not agree with and propose alternative
formulation or provisions, or to vote for the constitution on an article-by-article basis.</p>
      </sec>
    </sec>
    <sec id="sec-8">
      <title>Implementation</title>
      <p>
        Would it work? Constitutional law is a dull subject at the best of times. Would people
make use of a social platform about constitution making? A 2012 Stanford University
study of the impact of social media on social unrest in the Arab Spring countries
could provide the key. Researchers found that “In the hands of civil society members,
the Internet has enormous effects upon protest probability” [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ]. Results from the
study provide strong evidence that the probability of having participated in the
protests increased up to ten times among people who were both members of civil society
groups and Internet users. Most interesting is the finding that it is the combination of
civil society group membership reinforced with virtual community membership that
seems to be the strongest motivating factor in bringing about participation in protest
activity. The study supports the theory that Internet communities can serve a similar
function to civil societies in that they provide a platform to connect individuals who
share a common interest. Online collaboration is enhanced when participants have
already developed shared interests through membership in actual civil society
networks. The online platform allows them to discuss common socioeconomic
grievances and political concerns in the same way as a physical meeting. In the case of the
online collaboration however the obstacles presented by security, transport, time, and
limited physical information resources are removed and the potential for participation
is limitless. This finding, that social media can best facilitate participation when it
builds upon existent social ties, such as those created in civil society groups, may be
the key to a successful platform. Given the potential of social media platforms offer to
meet the basic prerequisites for meaningful participation this would seem to suggest
that a dedicated platform that made the information, education, opinion formation and
communication opportunities available would, in the first instance, have the
maximum impact if it were made available through civil society organizations with an
existing membership base.
9
      </p>
    </sec>
    <sec id="sec-9">
      <title>Conclusion</title>
      <p>Traditional forms of engagement in constitution-making processes have had limited
success in delivering a basic combination of prerequisites for meaningful
participation. But Internet and digital communications technology are already overcoming
these limitations. Today there are social media platforms that respond directly to the
need for information about the process and offer online education about substantive
issues; blogs and micro-blogs that provide guidance on contentious issues and
options; and any number of new apps that could facilitate consultations with citizens and
ensure that the outcomes of these consultations are synthesized and incorporated into
deliberations and drafting. Internet and mobile communications technology are
fuelling a level of networking and social participation that used to be the stuff of
sciencefiction movies. The paper hypothesizes that participation in constitution making can
be revolutionized with an online platform that offers information and targeted
education features and deploys tailor-designed apps to allow users to express their opinions
and communicate them to the official drafting body. A proposal for the design of such
a mash-up platform was presented as a model for testing inappropriate constitution
making contexts.
10
19. Lipset, S. M. (1959). Some social requisites of democracy: Economic development and
political legitimacy. American political science review, 53(1), 69-105.
20. Ginsburg, T., Elkins, Z., &amp; Blount, J. (2009) “Does the Process of Constitution-Making</p>
      <p>Matter?” in The Annual Review of Law and Social Science 2009.5:201-223
21. Hart, V. (2003) Democratic Constitution Making (July 2003), USIP Special Report 107,
United States Institute of Peace available at http://www.usip.org/pubs/specialreports/
sr107.pdf
22. IDEA (2012) The 2011 Moroccan Constitution: A Critical Analysis. IDEA: Stockholm
23. Klein, C. &amp; Sajo, A. (2012) Constitution-Making: Process and Substance. In Rosenfeld, M
&amp; Sajo, A. (eds) The Oxford Handbook of Comparative Constitutional Law. Oxford
University Press: Oxford
24. Kymlicka, W. (1996) Multicultural Citizenship. Oxford University Press: Oxford
25. Landau, D. (2013). Abusive Constitutionalism. UC Davis Law Review, Fall 2013,
Forthcoming; FSU College of Law, Public Law Research Paper No. 646. Available at SSRN:
http://ssrn.com/abstract=2244629
26. Liolos, J. (2013) Erecting New Constitutional Cultures: The Problems And Promise Of
Constitutionalism Post-Arab Spring. Boston College International &amp; Comparative Law
Review [Vol. 36:1 2013]
27. Moehler, Devra C. (2008) Distrusting Democrats: Outcomes of Participatory Constitution</p>
      <p>Making University of Michigan Press: Michigan
28. Noveck, B. (2010) Wiki Government: How Technology Can Make Government Better,
Democracy Stronger, and Citizens More Powerful Brookings Institution Press:
Washington
29. Ottaway, M. (2011) The Moroccan Constitution: Real Change or More of the Same?
Carnegie Endowment for International Peace. Available at:
http://carnegieendowment.org/2011/06/20/new-moroccan-constitution-real-change-ormore-of-same/
30. Sabbagh, K., Mourad, M., Kabbara, W., Shehadi, R., &amp; Samman, H. (2012) Understanding
the Arab Digital Generation. A report for the Ideation Centre. Booz &amp; Co. Accessed online
at http://www.booz.com/media/file/BoozCo_Understanding-the-Arab-Digital-Generation
31. Samuels K. 2006. Constitution Building Processes and Democratization: A Discussion of</p>
      <p>Twelve Case Studies. Geneva: IDEA
32. Samuels, K. (2006) ‘Post-Conflict Peace-Building and Constitution-Making’ in Chicago</p>
      <p>Journal of International Law Vol. 6 No. 2
33. Tessler, M., Jamal, A., &amp; Robbins, M. (2012) New Findings On Arabs And Democracy. In</p>
      <p>Journal of Democracy Volume 23, Number 4 pp. 89-103, October 2012. Baltimore. JHU
34. Voigt, S. (2003) “The Consequences of Popular Participation in Constitutional Choice
Towards A Comparative Analysis” in Deliberation And Decision: Economics,
Constitutional Theory, And Deliberative Democracy. Anne van Aaken, Christian List, Christoph
Lutge, eds., Aldershot: Ashgate, 2003
35. Weber, M. (1968) Economy and Society Bedminster Press: New York
36. Young, I. M. (2007) Inclusion and Democracy. Oxford University Press: Oxford</p>
    </sec>
  </body>
  <back>
    <ref-list>
      <ref id="ref1">
        <mixed-citation>
          1.
          <string-name>
            <surname>Afsah</surname>
            ,
            <given-names>I.</given-names>
          </string-name>
          (
          <year>2012</year>
          ) “
          <article-title>Constitution-Making in Islamic Countries - A Theoretical Framework</article-title>
          ” in Grote, R. &amp;
          <string-name>
            <surname>Roder</surname>
            ,
            <given-names>T.J</given-names>
          </string-name>
          . (Eds.) Constitutionalism in Islamic Countries:
          <article-title>Between Upheaval and Continuity</article-title>
          . Oxford University Press: New York
        </mixed-citation>
      </ref>
      <ref id="ref2">
        <mixed-citation>
          2.
          <string-name>
            <surname>Al-Azm</surname>
          </string-name>
          ,
          <source>Sadik</source>
          (
          <year>1968</year>
          ) “
          <article-title>Self-criticism after the defeat” Saqi Books: London</article-title>
        </mixed-citation>
      </ref>
      <ref id="ref3">
        <mixed-citation>
          3.
          <string-name>
            <surname>Almond</surname>
            ,
            <given-names>G. A.</given-names>
          </string-name>
          &amp;
          <string-name>
            <surname>Verba</surname>
            ,
            <given-names>S.</given-names>
          </string-name>
          (
          <year>1969</year>
          )
          <article-title>The Civic Culture: Political Attitudes and Democracy in Five Nations</article-title>
          . Princeton University Publications: NJ
        </mixed-citation>
      </ref>
      <ref id="ref4">
        <mixed-citation>
          4.
          <string-name>
            <surname>Arnstein</surname>
          </string-name>
          ,
          <string-name>
            <surname>Sherry</surname>
            <given-names>R.</given-names>
          </string-name>
          (
          <year>1969</year>
          )
          <article-title>A Ladder of Citizen Participation</article-title>
          .
          <source>JAIP</source>
          , Vol.
          <volume>35</volume>
          , No. 4,
          <year>July 1969</year>
          , pp.
          <fpage>216</fpage>
          -
          <lpage>224</lpage>
          .
        </mixed-citation>
      </ref>
      <ref id="ref5">
        <mixed-citation>
          5.
          <string-name>
            <surname>Banks</surname>
            ,
            <given-names>A. M.</given-names>
          </string-name>
          (
          <year>2008</year>
          )
          <article-title>Expanding Participation in Constitution Making: Challenges</article-title>
          and Opportunities,
          <volume>49</volume>
          <fpage>Wm</fpage>
          . &amp;
          <string-name>
            <surname>Mary L. Rev</surname>
          </string-name>
          .
          <volume>1043</volume>
          (
          <year>2008</year>
          ) http://scholarship.law.wm.edu/wmlr/vol49/iss4/2
        </mixed-citation>
      </ref>
      <ref id="ref6">
        <mixed-citation>
          6.
          <string-name>
            <surname>Blount</surname>
            ,
            <given-names>J.</given-names>
          </string-name>
          (
          <year>2011</year>
          ) “Participation in Constitutional Design” in Ginsburg, T. and
          <string-name>
            <surname>Dixon</surname>
          </string-name>
          , R. (Eds.) Comparative Constitutional Law. Edward Elgar: MA
        </mixed-citation>
      </ref>
      <ref id="ref7">
        <mixed-citation>
          7.
          <string-name>
            <surname>Blount</surname>
            ,
            <given-names>J.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Elkins</surname>
            ,
            <given-names>Z.</given-names>
          </string-name>
          , &amp;
          <string-name>
            <surname>Ginsburg</surname>
            ,
            <given-names>T.</given-names>
          </string-name>
          (
          <year>2012</year>
          )
          <article-title>“Does the Process of Constitution-Making Matter?</article-title>
          ” in Ginsburg, T. (Ed.) Comparative Constitutional Design Cambridge University Press: New York
        </mixed-citation>
      </ref>
      <ref id="ref8">
        <mixed-citation>
          8.
          <string-name>
            <surname>Böckenförde</surname>
            ,
            <given-names>M.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Hedling</surname>
            ,
            <given-names>N.</given-names>
          </string-name>
          &amp;
          <string-name>
            <surname>Wahiu</surname>
            ,
            <given-names>W.</given-names>
          </string-name>
          (
          <year>2011</year>
          )
          <article-title>A Practical Guide to Constitution Making. International Institute for Democracy and Electoral Assistance (International IDEA)</article-title>
          .
          <source>IDEA: Stockholm</source>
        </mixed-citation>
      </ref>
      <ref id="ref9">
        <mixed-citation>
          9.
          <string-name>
            <surname>Brandt</surname>
            ,
            <given-names>M.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Cottrell</surname>
            ,
            <given-names>J.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Ghai</surname>
            ,
            <given-names>Y.</given-names>
          </string-name>
          , and
          <string-name>
            <surname>Regan</surname>
            ,
            <given-names>A.</given-names>
          </string-name>
          (
          <year>2011</year>
          ).
          <article-title>Constitution-making and Reform: Options for the Process Date Interpeace: Geneva</article-title>
        </mixed-citation>
      </ref>
      <ref id="ref10">
        <mixed-citation>
          10.
          <string-name>
            <surname>Dewey</surname>
            ,
            <given-names>T.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Kaden</surname>
            ,
            <given-names>J.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Marks</surname>
            ,
            <given-names>M.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Matsushima</surname>
            ,
            <given-names>S.</given-names>
          </string-name>
          , &amp;
          <string-name>
            <surname>Zhu</surname>
            ,
            <given-names>B.</given-names>
          </string-name>
          (
          <year>2012</year>
          )
          <article-title>The Impact of Social Media on Social Unrest in the Arab Spring</article-title>
          .
          <source>Research report prepared for Defense Intelligence Agency, March</source>
          <volume>20</volume>
          ,
          <year>2012</year>
          . Stanford University: Stanford, CA
        </mixed-citation>
      </ref>
      <ref id="ref11">
        <mixed-citation>
          11.
          <string-name>
            <surname>Diamond</surname>
            ,
            <given-names>L.</given-names>
          </string-name>
          (
          <year>1999</year>
          )
          <article-title>Developing Democracy: Towards Consolidation</article-title>
          . Baltimore: John Hopkins University Press
        </mixed-citation>
      </ref>
      <ref id="ref12">
        <mixed-citation>
          12.
          <string-name>
            <surname>DSG</surname>
          </string-name>
          (
          <year>2013</year>
          )
          <article-title>The Arab World Online: Trends in Internet Usage in the Arab Region</article-title>
          , http://www.dsg.ae/en/publication/index.aspx?&amp;
          <source>PriMenuID=11&amp;mnu=Pri#sthash.IAg43c Xo</source>
          .dpuf
        </mixed-citation>
      </ref>
      <ref id="ref13">
        <mixed-citation>
          13.
          <string-name>
            <surname>Elkins</surname>
            ,
            <given-names>Z.</given-names>
          </string-name>
          ,
          <string-name>
            <surname>Ginsburg</surname>
            ,
            <given-names>T.</given-names>
          </string-name>
          , &amp;
          <string-name>
            <surname>Blount</surname>
            ,
            <given-names>J.</given-names>
          </string-name>
          (
          <year>2008</year>
          ) “
          <article-title>The Citizen As Founder: Public Participation In Constitutional Approval</article-title>
          ” in Temple Law Review Vol.
          <volume>81</volume>
          :
          <year>2008</year>
          ,
          <fpage>pp101</fpage>
          -
          <lpage>121</lpage>
        </mixed-citation>
      </ref>
      <ref id="ref14">
        <mixed-citation>
          14.
          <string-name>
            <surname>Ghai</surname>
            ,
            <given-names>Y.</given-names>
          </string-name>
          &amp;
          <string-name>
            <surname>Gali</surname>
            ,
            <given-names>G.</given-names>
          </string-name>
          (
          <year>2006</year>
          ).
          <article-title>Constitution Building Processes and Democratization</article-title>
          .
          <source>International IDEA:Stockholm</source>
        </mixed-citation>
      </ref>
      <ref id="ref15">
        <mixed-citation>
          15.
          <string-name>
            <surname>Ghai</surname>
            ,
            <given-names>Y.</given-names>
          </string-name>
          (
          <year>2004</year>
          )
          <article-title>The Constitution Reform Process: Comparative Perspectives</article-title>
          .
          <source>Presented at the conference “Toward Inclusive and Participatory Constitution Making” 3-5 August</source>
          ,
          <year>2004</year>
          , Kathmandu (Nagarkot)
        </mixed-citation>
      </ref>
      <ref id="ref16">
        <mixed-citation>
          16.
          <string-name>
            <surname>Ghai</surname>
            ,
            <given-names>Y.</given-names>
          </string-name>
          (
          <year>2005</year>
          )
          <article-title>The Role of Constituent Assemblies in Constitution Making</article-title>
          .
          <source>IIDEA: Stockholm</source>
        </mixed-citation>
      </ref>
      <ref id="ref17">
        <mixed-citation>
          17.
          <string-name>
            <surname>Ginsburg</surname>
            ,
            <given-names>T.</given-names>
          </string-name>
          (
          <year>2011</year>
          ) “Constitutional Endurance” in Ginsburg, T. &amp;
          <string-name>
            <surname>Dixon</surname>
            ,
            <given-names>R</given-names>
          </string-name>
          . (Eds.) Comparative Constitutional Law. Edward Elgar: Cheltenham
        </mixed-citation>
      </ref>
      <ref id="ref18">
        <mixed-citation>
          18.
          <string-name>
            <surname>Ginsburg</surname>
            ,
            <given-names>T.</given-names>
          </string-name>
          &amp;
          <string-name>
            <surname>Dixon</surname>
            ,
            <given-names>R.</given-names>
          </string-name>
          (
          <year>2011</year>
          )
          <article-title>Comparative Constitutional Law</article-title>
          . Edward Elgar: Cheltenham
        </mixed-citation>
      </ref>
    </ref-list>
  </back>
</article>