• 2012 | Author: M.Böckenförde, N.Hedling, W.Wahiu (International IDEA)

    A Practical Guide to Constitution Building

    The principal aim of this Guide is to provide a tool drawing on lessons from recent practice and trends in constitution building. It is divided into chapters which can be read as individual segments, while the use of a consistent analytical framework across each chapter provides a deeper understanding of the range of issues and forces at play in processes of constitutional development. While focusing on constitutions as key documents in themselves, this publication stresses understanding constitutional systems as a whole, including the relevant principles and the need to build a culture of human rights, as well as the provisions for institutional design and decentralized forms of government.

  • 2011 | Author: M.Brandt, J.Cottrell, Y.Ghai, A.Regan

    Constitution-making and Reform: Options for the Process

    The handbook is a ‘how to guide’ for constitution-makers. It provides practical guidance on how to design transparent, nationally led and owned processes that are also participatory and inclusive. The handbook is divided into four main parts. Part 1 is an introduction to constitution-making processes. It outlines the key issues about the roles of constitutions and some of the challenges, dilemmas, and opportunities involved in constitution-making, especially in situations of conflict. Part 2 discusses common tasks carried out in constitution-making processes. Part 3 is concerned with the institutions and procedures commonly established to carry out the tasks. These include commissions, constituent assemblies, and national conferences. Part 4 provides guidance for external actors in the process, who may act on their own initiative or be linked with the official process. The section focuses on the role of civil society and the media. It also discusses the common pitfalls for constitution-making processes when the international community has taken a leading role.

  • 2008 | Author: International Institute for Democracy and Electoral Assistance (International IDEA)

    Creating the New Constitution: A Guide for Nepali Citizens

    The book presents a brief history of past constitutions in Nepal from the perspective of constitution making. It includes a more detailed examination of the substance of the 1990 Constitution, analyzing its strengths and weaknesses, in the expectation that this will help readers better understand the current issues and debates. It identifies some proposals and controversies surrounding political reform. It does not offer particular solutions; rather it provides an analysis of different options that emerge when making a new constitution. It aims to encourage full participation in the process of constitution making by introducing readers to constitutionalism, the roles of constitutions, and to key constitutional concepts, relating the latter to the current issues of political reform.

  • 2007 | Author: H.P. Bhattarai (ed.), J.Subedi (ed.) (Nepal South Asia Center - NESAC)

    Democratic Constitution Making - Experiences from Nepal, Kenya, South Africa and Sri Lanka

    This book aims at helping understand the issues, constraints, challenges and opportunities of democratic constitution making. The book is an outcome of the seminar ‘Towards Inclusive and Participatory Constitution-making’ held in August, 2004. Focusing on the constitution making processes in South Africa, Kenya and Sri Lanka, the authors draw lessons from those experiences for future constitutional reform processes in Nepal.

  • 2007 | Author: The Public International Law & Policy Group

    Post-Conflict Constitution Drafter’s Handbook

    The Handbook divides the core provisions commonly found in post-conflict constitutions into individual chapters. The chapters include: Preamble Provisions, State Structure and Devolution of Powers, the Executive, the Legislature, the Judiciary, Electoral System, Financial Matters and the Central Bank, Human Rights, Minority Rights, Women's Rights, Defense and Security, the Role of Religion, Natural Resources, and Extraordinary Measures.

  • 2003 | Author: V.Hart (United States Institute for Peace - USIP)

    Democratic Constitution Making

    This report examines the role of constitution making as part of peacemaking, particularly in divided societies, where the process of participatory constitution making may sometimes provide a forum for reconciling divisions, negotiating conflict, and redressing grievances. The report analyzes recent practices of constitution making across the globe and documents the emergence of international human rights norms that recognize the right to public participation in changing or creating a constitution.