Former CALS Adjunct Senior Research Fellow, Shamshad Pasarlay, has published his paper, “Dialogic Incrementalism in Deeply Divided Societies” in the International Journal of Constitutional Law

CALS is delighted to announce that our former Adjunct Senior Research Fellow (Apr 2023 – Apr 2024), Shamshad Pasarlay, has published his article, titled “Dialogic Incrementalism in Deeply Divided Societies”, in the International Journal of Constitutional Law. Shamshad had worked on this piece of research during his stint with CALS.

To read the article: https://doi.org/10.1093/icon/moae042.

Shamshad’s article focuses on the question of whether one can design constitution-making processes in a way that harvests the benefits of incrementalism while avoiding the problems associated with it. He observes that the experiences of Afghanistan and Iraq indicate that there is a particular type of constitutional incrementalism that is more likely than others to accomplish this. He terms such a model as “dialogic incrementalism”, which involves elite-level consultation at the pre-constitutional drafting phase, include incremental tools in the drafting stage, and nurtures a continued and inclusive dialogue and conversation in fleshing out the constitution’s incremental elements in the post-ratification stage.

In his conclusion, Shamshad observes how Afghanistan’s 1931 Constitution helped generate a stable constitutional order and suggests that the drafting of Iraq’s 2005 Constitution demonstrate that dialogic incrementalism can be a conscious design option. Reflecting on the importance of using dialogic incrementalism, Shamshad writes:

At a time when deeply divided societies around the globe continue to grapple with ethno-religious conflict and political discord, the dialogic model of incrementalism may offer a productive pathway to constitution-making that harnesses the benefits of constitutional deferral while minimi[s]ing the risks of leaving critical questions of a constitutional nature unsettled. By requiring inclusive dialogue in the post-constitutional ratification moment, dialogic incrementalism enables deeply divided societies to chart a course where ethnopolitical groups benefit from processing their views and favo[u]red settlements through constitutionally acceptable channels down the road. In this way, dialogic incrementalism may prevent conflict in the uncertain moment of constitutional creation and prepare the groundwork for the resolution of hard issues in the long term.

Congratulations, Shamshad, on this thought-provoking publication!