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Official Language Designation
Modern constitutions typically contain a variety of provisions on language. They may designate one or more official languages, each with a different kind of legal status. Constitutions may also create language rights, usually held by minority-language speakers, granting groups and individuals the right to communicate with, and receive services from, the government in their native tongue. In systems of multi-level governance, constitutions may vest the authority to designate official language(s) for each order of government. This Primer addresses the role of language in constitutional design, and the key considerations, implications and potential challenges that arise in multilingual states. It discusses the range of claims around language as a constitutional issue, and the potential consequences of successfully addressing these claims—or failing to do so.
Annual Review of Constitution-Building: 2019
International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The ...
Practical Considerations for Public Participation in Constitution-Building What, When, How and Why?
Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.
Annual Review of Constitution-Building: 2018
International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions, the issues that drive them and their implications for national and international politics. This sixth edition covers events in 2018 and includes articles on constitutional events in several regions of the world where International IDEA is active. These are loosely themed around the challenges of cooperation and coordination in constitutional politics—between majorities and minorities (in Burundi and Comoros, in Bolivia and Colombia, and in the Commonwealth Caribbean), between coalition partners in constitutional change processes (in Malaysia, the Maldives and Sri Lanka) and between external actors (in Libya, South Sudan and Yemen). Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to and the implications of these processes for democracy, the rule of law and peace.
Constitution Makers on Constitution Making
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Constitution Makers on Constitution Making
"Comparative constitutional law is an intellectually vibrant field that encompasses an increasingly broad array of approaches and methodologies. This series collects analytically innovative and empirically grounded work from scholars of comparative constitutionalism across academic disciplines. Books in the series include theoretically informed studies of single constitutional jurisdictions, comparative studies of constitutional law and institutions, and edited collections of original essays that respond to challenging theoretical and empirical questions in the field"--
Constitutional Approaches to Decentralization: Elements, Challenges and Implications: Fourth Women Constitution-Makers’ Dialogue, 2022
Whether decentralization, and particularly devolution and federalism, is advantageous or disadvantageous for women is a long-debated issue. The effectiveness of decentralization in promoting gender equality depends on how the system is designed, the quality of implementation planning and the adequacy of resources. Decentralization processes, nevertheless, are particularly fertile ground for enhanced and systematic women’s engagement, with numerous avenues for mobilization and advocacy throughout the long period of interpretation, implementation and enforcement, which can be harnessed by women to shape what decentralization will look like in practical terms. The Fourth Women Constitution-Makers’ Dialogue focused on decentralization from a technical and empirical perspective to support women constitution-makers engaged in constitution-building processes and constitutional implementation through knowledge transfer and comparative experience sharing.
Constitutional Negotiations
Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Security Sector Reform in Constitutional Transitions
Security sector reform, democratization and constitutional reform are intrinsically linked. The constitution-building process can therefore provide a critical forum for negotiations over changes in the relationship between civilian and security sector institutions. This Policy Paper aims to support advisors and decision-makers in navigating these complex transitions. The Paper focuses on the relationship between security sector reform (SSR) and constitutional reform processes. While SSR and constitution-building are typically seen as separate issues, in practice they are deeply interconnected, and the success of a transition to constitutional democracy depends on the successful handling of security sector issues. Constitutional reform and SSR processes intersect in democratic transitions from military rule, civil war and authoritarian regimes.
Constitutional Design for Divided Societies
How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.
