International Political Science Review
2015, Vol. 36(1) 60–77
© The Author(s) 2013
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DOI: 10.1177/0192512113503929
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Constitutional choices: Uncertainty
and institutional design in
democratising nations
Jai Kwan Jung
Korea University, South Korea
Christopher J. Deering
George Washington University, USA
Abstract
Why do democratising nations make the constitutional choices they do? Conceiving democratic transition as
a critical juncture, we propose a theory of constitutional choice. We place the degree of uncertainty at the
centre of our theorising efforts to explain the relationship between constitutional bargains among competing
political groups and the type of executive–legislative relations adopted during democratisation. We posit
that parliamentarism is more likely to be adopted under high-uncertainty conditions, while presidentialism
is more likely under low-uncertainty conditions. Identifying four factors that affect the level of uncertainty in
the transition process, we examine how the choices of executive–legislative relations are made under strong
influences of historical and geographic factors.
Keywords
Constitutional choices, critical juncture, democratisation, parliamentarism, presidentialism
Introduction
Democratic transitions and constitution making often coincide. About two-thirds of new democra-
cies wrote a new constitution or seriously revised a pre-existing constitution during regime transi-
tions in the post-World War II period. The other third simply restored a previous constitutional
order. But reviving a previous constitutional framework also is an important political decision
because it reflects the preferences of competing parties and elites at transition.
Corresponding author:
Jai Kwan Jung, Department of Political Science and International Relations, Korea University, Anam-Dong, Seongbuk-Gu,
Seoul, 136-701, South Korea.
Email: jkjung@korea.ac.kr
503929IPS 36 1 10.1177/0192512113503929International Political Science ReviewJung and Deering
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