'Formal Adoption - Informal Subversion': Limits of International Constitutional Assistance

Citation

Adhikari M (2023) ‘Formal Adoption – Informal Subversion’: Limits of International Constitutional Assistance. Journal of Intervention and Statebuilding. https://doi.org/10.1080/17502977.2023.2202490

Abstract
Peace processes involve reforming or rewriting constitutions as a pathway to establishing an inclusive state, often with international constitutional assistance (ICA). Examining Nepal’s post-conflict constitution-writing process, this article explores why ICA fails to deliver on inclusion. It argues that ICA’s prioritisation of formal aspects – inclusive institutional design and participatory process – makes it unable to influence informal politics through which elites informally subvert formal commitments on inclusive institutions in a bid to retain their power. This ‘formal adoption-informal subversion’ of inclusion-related commitments by elites is enabled by elites adopting four strategies, namely neglect, overwrite, trade-off, and exploit of formal commitments.

Keywords
International constitutional assistance; conflict-affected states; inclusion; Nepal; peacebuilding

Notes
Output Status: Forthcoming/Available Online

Journal
Journal of Intervention and Statebuilding

• Published Version