Constitution-Building After Conflict – External Support to a Sovereign Process

This policy paper is designed for constitution-builders and their supporters, as well as policy makers and advisers in international assistance. It is meant to canvass the role of external advisers. It starts by providing an overview of modern constitution-making processes, including canvassing the impact of decolonization, internal conflict, and the role of international advisers. It highlights the uniqueness of all constitution-making processes, and highlights this point with a description of recent transition processes resulting from the Arab Spring. The paper then discusses how to delineate the boundaries of the constitution-making process, how to determine the role, if any, of external (non-national) actors, and how to distinguish between their influence on process and content. Finally the paper talks about possible limitations on external actors’ involvement, and who in fact benefits from them.