The Politics of Constitutional Design in Divided Societies: The Case of Kosovo

Abstract

This article discusses the politics of constitutional design in Kosovo as a means of softening societal cleavages. The article maps out the problem of societal cleavages in Kosovo, and explains their origins and implications for the state-building process. The article goes on to survey the constitutional law of Kosovo, and discusses its substance in light of the accommodationist-integrationist debate. While attempting to explain the choices that have been made in Kosovo’s constitutional law as regards the issue of ethnic cleavages, the article shows the international community’s crucial role in Kosovo’s state-building process. Having explained the main pillars of Kosovo’s constitutional law and its design, the article then argues that the international state-building process in Kosovo has been aimed at reaching harmony between the accommodationist and integrationist approaches to the politics of constitutional design. The article concludes that the international state-building process in Kosovo has been aimed at achieving a balance between the accommodation of ethnic minorities in the Kosovo polity and the efficacy and political stability of the newly formed polity/state.

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