O Fututo do Constitucionalismo - Caderno de Resumos [2014][l]

122 • I Congresso Internacional de Direito Constitucional e Filosofia Política
democracy. Indeed, historically, they have more frequently been instruments of
domination or oppression”. Likewise, “historically, in democratic societies, constitutions
followed social forces that promoted democracy; they did not create
these forces.” Thus, the apparent causal relationship between constitutionbuilding
processes and constitutional goals such as democratization could be
illusory: “the results of past practice are often ambiguous because of the many
factors, other than choice of procedure, that shape desirable outcomes”. In fact,
several factors such as available institutions, democratic traditions, armed
conflict, corruption and sharp divisions, to mention a few, generally impact the
real implementation of constitutions and actual achievement of its goals.
13
Yash Ghai, Constitution-Building Processes and Democratization: Lessons
Learned, in DEMOCRACY, CONFLICT, AND HUMAN SECURITY: FUR-
THER READINGS, 234, [2006], at 234.
14
Michele Brandt, Jill Cottrell, Yash Ghai, and Anthony Regan, CONSTITU-
TION MAKING HANDBOOK, 81, [2011].
15
Eileen Babbitt, THE NEW CONSTITUTIONALISM: AN APPROACH TO HUMAN
RIGHTS FORM A CONFLICT TRANSFORMATION PERSPECTIVE, 69, [2010].
16
Kirsty Samuels, POST-CONFLICT PEACE-BUILDING AND CONSTITUTION
MAKING. Chicago J. Inter. Law 6(2), 667 [2006].
17
Michele Brandt, Jill Cottrell, Yash Ghai, and Anthony Regan, CONSTITU-
TION MAKING HANDBOOK, 81, [2011].
18
Devra C. Moehler, PARTICIPATION AND SUPPORT FOR THE CONSTITU-
TION IN UGANDA. J. of Modern African Studies, 44, 2, 283 (2006).