Book Talk: Constitutional Law and the Politics of Ethnic Accommodation

This book examines how constitutional design failed ethnic accommodation in Afghanistan, comparing its arrangements with nine other divided societies, including Bolivia, Nigeria, Kenya, Malawi, Tanzania, Indonesia, Sri Lanka, the Philippines, and Sierra Leone. The study makes significant contributions to the theory and practice of institutional design in divided societies. It conceptualizes ethnic accommodation comprehensively, identifying its key aspects such as power-sharing, self-governance, distributive justice, and institutionalized cross-ethnic coalitions. The book argues that neglecting any of these elements in constitutional design can only exacerbate ethnic divisions.

This study emphasizes that each constitutional arrangement or institution consists of a complex set of sub-institutions generating diverse incentives and influences. Constitutional framers can fine-tune an institution by adjusting sub-institutions that adversely affect ethnic accommodation. Many constitutional framers have done so, which explains why no two presidential or parliamentary democracies are identical. This approach challenges the institutional prepackaging and universalism advocated by consociationalists and…