Constitution Building Handbook

A Practical Guide to
Constitution Building

A Practical Guide to
Constitution Building

Markus Böckenförde
Nora Hedling
Winluck Wahiu

Foreword

The oldest constitutions in the world were framed in the 17th century and have been described
as revolutionary pacts because they ushered in entirely new political systems. Between then and
now, the world has seen different kinds ofconstitutions. Quite a number following the end of
the cold war in 1989 have been described as reformatory because they aimed to improve the
performance of democratic institutions.

International IDEA resources on Constitution Building

A Practical Guide to Constitution Building
© International Institute for Democracy and Electoral Assistance (International IDEA), 2011
This publication isindependent of specific national or political interests. Views expressed in
this publication do not necessarily represent the views of International IDEA, its Board or its
Council of Member States, or those of the donors.
Applications for permission to reproduce all or any part of this publication should be made to:
International Institute for Democracy and Electoral Assistance (International IDEA)Strömsborg
SE -103 34 Stockholm
Sweden
Tel: +46-8-698 37 00
Fax: +46-8-20 24 22
Email: info@idea.int
Website: www.idea.int
Design and layout by: Turbo Design, Ramallah
Printed by: Bulls Graphics, Sweden
Cover design by: Turbo Design, Ramallah
Cover illustration by: Sharif Sarhan
ISBN: 978-91-86565-38-1

This publication is produced as part of the Constitution Building Programmeimplemented by International IDEA with
funding from the Royal Norwegian Ministry of Foreign Affairs.

One of the core functions of any constitution is to frame the institutions of government and
to determine who exercises the power and authority of the state, how they do so and for what
purpose. But constitutions neither fall from the sky nor grow naturally on the vine. Instead,
they are humancreations and products shaped by convention, historical context, choice, and
political struggle.
In the democratic system, the citizen claims the right of original bearer of power. For him or
her, the constitution embodies a social contract that limits the use of power by government to
benefit the citizen in exchange for his or her allegiance and support. The term ‘constitutionalism’
sums upthis idea of limited power.
At the same time, the core importance of constitutions today stretches beyond these basic
functions. Constitutions come onto the public agenda when it is time to change to a better
political system. People search for constitutions that will facilitate the resolution of modern
problems of the state and of governance. Today, these problems are multifaceted andincreasingly
global—from corruption to severe financial crises, from environmental degradation to mass
migration. It is understandable that people demand involvement in deciding on the terms of
the constitution and insist upon processes of legitimizing constitutions that are inclusive and
democratic. The term ‘new constitutionalism’ has entered the vocabulary of politics as further
testament to thisnew importance of constitutions. Its challenge is to permit the voices of
the greatest cross section of a society to be heard in constitution building, including women,
young people, vulnerable groups and the hitherto marginalized.
Conflict still impugns constitutions. Older constitutions were the legacy of conflict with
colonialism; newer constitutions have aimed to end violent internecinerivalry between
groups with competing notions about the state and to whom it belongs. Certainly, these new
constitutions are loaded with the expectation that they will herald a new era of peace and
democracy, leaving behind authoritarianism, despotism or political upheaval.
Constitutions are now being framed in an age when the dispersal of norms and of the
principles of good governance is...