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In ordinary circumstances, constitutions are changed according to the process for constitutional amendment set out in the existing constitution. There are circumstances, however, in which it is not possible to follow the process set out in the existing constitution for example, in some post-conflict countries or where the established process is deemed inadequate. In such cases a new process or adjustments to the existing process are needed. Usually, the new process or adjustments are established legally, for example, by amendments to the existing constitution, or through a presidential decree, a law adopted by a legislature, or a peace agreement.

Primer

Prepared for UN Constitutionmaker

Sample Material: Constituent Assemblies & National Conferences/Conventions

This decree from the President of Fiji sets out the purposes and principles of the constitution-making process, creates the Constitution Commission, sets out its structure, functions, powers, and financing, and attaches in Schedule 1, the timeline for the constitution-making process, in Schedule 2, the Code of Conduct for members of the Constitution Commission, and in Schedule 3, their Oath of Office.

This decree from the President of Fiji amends the Fiji Constitutional Process (Constitution Assembly and Adoption of the Constitution).

In this document, the Dáil Éireann approves the calling for a Convention on the Irish Constitution. It covers recommendations, membership of the Convention and rules of procedure. 

The Constitutional review Act provides for the establishment of the Constitutional Review Commission. It is the revised version that incorporates all amendments made up to and including 28 February 2012.

Implementation Mechanism of the Gulf Cooperation Council Initiative.

This protocol establishes the National Constituent Assembly (NCA), to be selected by the Traditional Leaders. The mandate of the NCA (825 delegates) was to consider and vote to provisionally adopt the draft Provisional Constitution. The NCA was to be dissolved after such mandate. This protocol describes the required qualifications of the delegates, required gender quota and structures and procedures of the NCA. Keywords: Legal Framework, Terms of Reference, Constitution-Making Bodies, Constituent Assembly, Organization of Constitution-Making Bodies, Membership, Mandate/ Terms of Reference (Sample), Rules of Procedure (Sample), Example.

This is the Constitutional Declaration made by the Interim Transitional National Council in Libya in 2011. It sets out, among other things, the rights and freedoms, form of state governance, and judicial guarantees applicable during the transition after the removal of Gaddafi.

This is a near-final draft of the legislation for the Somalia constitutional review process.

This document is the act establishing a Constitutoinal Assembly in Iceland for the purpose of reviewing the Constitution of the Republic, no. 33 of 17 June 1944. 

This document is the decree appointing Ghana's Constitution Review Commission of Inquiry. It covers the members of the commission and the terms of reference.

This is the revised Constitution of Kenya Review Act from 2009. The legislation creates the Constitutional Commission in Kenya for review of the Constitution. The Act details: the composition of the Commission, including the qualifications of its members, the functions, powers, and privileges of its members, the report of the commission regarding constitutional issues, and the financing of the review process.&nbsp

The Global Political Agreement, which took effect on February 11, 2009, was approved in September 2008 by the Zimbabwe African National Union - Patriotic Front (ZANU-PF) and the the two Movement for Democratic Change (MDC) formations. It was designed to resolve Zimbabwe's political and economic crisis and chart a new political direction for the country. Article VI hereof set up the framework for COPAC, the constitutional reform process and the constitutional referendum.

Sample Material: Commissions

This decree establishes a presidential constitutional commission to provide proposals for constitutional reform based on broad based pubic consultations.

Constitutional Committee Draft Election Law (Libya)

This protocol establishes the Signatories Technical Facilitation Committee which was primarily tasked with finalizing the draft of the new Provisional Constitution for adoption. The protocol discusses the committee''s related specific functions. Keywords: Adoption/ Endorsement, Legal Framework, Terms of Reference, Constitution-Making Bodies, Committees, Organization of Constitution-Making Bodies, Membership, Mandate/ Terms of Reference (Sample).

This document is the act that establishes the Constitution Review Commission in the Republic of Liberia in 2012.

This document is the Presidential Order N0. 02/2012 for the establishment of the Constitutional Review Commission and the appointment of its members. 

In his speech to the nation of 9 March 2011, King Mohammed VI of Morocco established a Constitutional Review Commission.

This document is the Presidential Decree No. 002/2011 for the formation of the technical committee to review the interim constitution of Southern Sudan. 

These are the rules and procedures for the election of delegates to the Constitutional Loya Jirga. It sets out the duties and responsibilities of various officials, including the Secretariat, as well as the nomination and election procedures for women, refugees, internally displaced persons, and ethnic minorities.