The Constitution Making Process (Presentation Notes)

This is a compilation of presentations from a Parliamentary and Expert Roundtable on Constitutional Issues put on by the Public International Law and Policy Group. The focus of the presentations is the new constitution in Kosovo.
The first presentation by Paul R William focuses on the constitution-making process, breaking it down into the following phases: preparatory, constitutional drafting, public consultation, and final review and adoption. A broader discussion is had with respect to each phase, followed by a description of Williams' "5 Rules of Constitution Making". The presentation ends with a discussion of the role of international advisers.
The second presentation by Arsim Bajrami focuses on the constitutional provisions relating to power sharing. He explains the concept of power sharing and then uses the United States as his main example of how power sharing operates in practice. Other examples canvassed include the Great Britain, France, Germany, and Italy. Finally, the presentation sets out power sharing in Kosovo and makes a number of recommendations for the constitution, including the provision of clear spheres of power between the President and Parliament and ensuring judicial independence.
The third presentation focuses on institution building through the constitution, and draws on the Palestinian example as an illustration. The first part discusses the state structure, and namely the option of a federal, unitary or confederal state. Next according to the presenter, the structure of the executive should be chosen from the options of a presidential, parliamentary, or semi-presidential system. The design of the legislature should similarly be set out in the constitution, and chosen from either the unicameral or bicameral options. In addition, certain legislative powers are to be set out in the constitution, including, for example, electing the Prime Minister (if applicable), or approving constitutional amendments. Finally, the structure, function and powers of the judiciary should be provided for, along with provisions relating to the administration of the judiciary and their independence.&ampnbsp