Constitution-Making Procedure and Legitimacy Maximisation: How Different Constitution-Making Procedures Satisfy Different Conceptions of Legitimacy

The various meanings of ‘legitimacy’ – Constitution-making procedure as a tool to achieve the right content of a new constitutional document – The effect of the procedure on the actual social and political context – Trade-offs between the various conceptions of legitimacy – Inherent tensions between transparency and political compromise, and between inclusivity and elite support – Direct democratic involvement aggravating polarisation – When the time is not ripe for constitution-making, recommended substitute strategies – Various procedural options: popular drafting, constituent assemblies, ordinary parliaments, expert bodies, roundtables, referenda – The dangers of (Kelsenian) constitutional revolutions