Constitutional Design
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Constitutional Courts are a global phenomenon. In this Policy Paper, Tom Daly examines the purpose of Constitutional Courts, options for their design and their potential pitfalls. While the Paper addresses the specific context of Sri Lanka, where a new Constitutional Court has been proposed as part of wider constitutional reforms, the comparative insights have wider application to all states considering creating a Constitutional Court or implementing a newly established Constitutional Court.
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The functions of government that a state performs can be decentralized in various ways and to varying degrees. This Paper is divided into 3 parts, which together are intended to guide the reader in understanding the key building blocks involved in building a decentralized state and identifying the key design issues involved. The paper identifies 3 common models of decentralisation, using country case studies to explain the key design features of eeach model.