International assistance

The role of international or external support for national processes of constitution building has an instrumental impact on the design of these processes and the institutional choices that ultimately are framed in constitutions.

Training programme

The new Constitution Builders CONNECT Resource – is an interactive training tool that reinforces sharing experiences as a means to building the capacity of practitioners to solve some of the dilemmas that they face in constitution building.

Handbook

The Handbook reviews and discusses some of the institutional and procedural design choices that practitioners have recently considered during contemporary constitution building.

Issue papers

Selected issues are considered at length based on emerging and ongoing dialogues among practitioners and specialists.

Multimedia

A collection of multimedia resources from and about constitution-building processes.

Web links

The web links provide a comprehensive list of relevant organizations and partners working in constitution building and related subjects.

§ Note: this is background material. The final handbook is available online in PDF format.

A declaration of war represents a significant exercise of a nation’s power. A high degree of influence in this area is another indicator of legislative strength. There are many degrees of legislative involvement in the process of declaring war. The level of involvement ranges from an exclusive power to declare war vested in the legislature to the complete exclusion of the legislature from the process, with varying degrees of involvement in between.

Legislature Declares War

Under some constitutions, the legislature acting alone has the power to declare war.

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Provisions

The Constitution of the Italian Republic (1948, as Amended to 2003)Article 78The Chambers decide on states of war and confer the necessary powers on Parliament.

The Constitution of the Republic of Kazakhstan (1995)Article 53The Parliament, in a joint session of its Chambers: (8) It resolves matters of war and peace.

Approval by Legislature

Some constitutional provisions require the legislature to approve any declaration of war. Others formulate this approval power as the ability to declare war on the proposal of the executive

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Provisions

The Constitution of the Kingdom of Norway (1814, as Amended to 2004)Article 25The King is Commander-in-Chief of the land and naval forces of the Realm. These forces may not be increased or reduced without the consent of the Storting. They may not be transferred to the service of foreign powers, nor may the military forces of any foreign power, except auxiliary forces assisting against hostile attack, be brought into the Realm without the consent of the Storting.The territorial army and the other troops which cannot be classed as troops of the line must never, without the consent of the Storting, be employed outside the borders of the Realm.The Constitution of the Republic of Costa Rica (1949, as Amended to 1993)Article 121In addition to other powers conferred by this constitution, the Legislative Assembly has exclusive power to:6. Authorize the executive power to declare a state of national defense and to make peace

Constitutional Law of the Republic of Angola (1992)Article 66 The President of the Republic shall have the following powers: (p) To declare war and make peace, after hearing the Government and following authorization by the National Assembly;

The Constitution of the Federal Islamic Republic of the Comoros (1999)Article 45The state of urgency is proclaimed by a decree taken in the Council of Ministers. This decree specifies [précise] the extent of the territory to which it will be applicable. Its prolongation beyond fifteen days may only be authorized by the Federal Assembly.The state of siege or the state of war is proclaimed by the Federal Assembly by the majority of two-thirds of its members, upon demand of the Government. The Federal Assembly determines its extent in time and in space, as well as the conditions of its application.The Federal Assembly meets by right and may not be dissolved as long as one of the states specified in this article remains in force.In the case of the impossibility to convene the Federal Assembly according to provisions of the preceding paragraphs, article 20 of the present Constitution applies.

The Constitution of the Republic of Armenia (1995, as Amended to 2005)Article 81Upon the recommendation of the President of the Republic, the National Assembly:3) declare war and proclaim peace. In the case where the National Assembly cannot be convened, the President of Republic shall decide the issue of declaring war.

Exceptions to Legislative Involvement
Regardless of the degree of involvement afforded the legislature under normal circumstances, many constitutions contain exceptions which allow the executive to act alone in the case of emergency. In some countries the declaration of war may be made without legislative involvement if the legislature is in recess or unable to meet. In many of these cases, the constitution may require retroactive approval, usually within a given timeframe from a matter of days to a matter of months. Failure to obtain the required retroactive approval often results in lapse of the declaration. More information

Provisions

Constitution of the Republic of Honduras (1982, as Amended to 1991)Article 245The President of the Republic shall be responsible for the general administration of the State; his powers [atribuciones]:17. To declare war and make peace during a recess of the National Congress, which must be convened forthwith;

The Constitution of the Republic of Serbia (2006)Article 201 The state of warThe National Assembly shall proclaim the state of war.When the National Assembly is not in a position to convene, the decision on proclamation of the state of war shall be passed by the President of the Republic together with the President of the National Assembly and the Prime Minister.The Constitution of the Republic of Uganda (1995, as Amended to 2005) Article 124. Declaration of a state of war.(2) Where it is impracticable to seek the approval of Parliament before declaration of a state of war, the President may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration.(3) Where the President makes the declaration of a state of war under clause (2) when Parliament is in recess, the Speaker shall, immediately summon Parliament to an emergency session to sit within seventy-two hours after the declaration of a state of war.

The Constitution of the United Republic of Tanzania (1977, as Amended to 1995)Article 44. Power to declare war [FN: Act No. 15 of 1984 s.9; Act No. 4 of 1992 s.14](1) Subject to this Constitution or to any Act of Parliament providing in that behalf, the President may declare the existence of a state of war between the United Republic and any other country.(2) After making the declaration, the President shall transmit a copy of such declaration to the Speaker of the National Assembly who, after consultation with the Leader of Government Business in the National Assembly, shall within fourteen days from the date of the declaration, convene a meeting of the National Assembly to deliberate on the prevailing situation and to consider whether or not to pass a resolution in support of the declaration of war made by the President.The Constitution of the Republic of South Africa (1996, as Amended to 2007)Article 203 State of national defence(1) The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of—(a) the reasons for the declaration;(b) any place where the defence force is being employed; and(c) the number of people involved.(2) If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament to an extraordinary sitting within seven days of the declaration.(3) A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.

Consultation
Some constitutions require that the legislature be consulted about the decision to declare war. More information

Provisions

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />The Constitution of Algeria (1996, as Amended to 2002) Article 95 Having assembled the Council of Ministers, and heard the High Council of Security, and having consulted the President of the National People’s Assembly and the President of the Council of the Nation, the President of the Republic declares war in case of effective or imminent aggression in conformity with the pertinent provisions of the Charter of the United Nations.

No Power
Other constitutions do not involve the legislature in the process of declaring war. More information

Provisions

The Constitution of the Republic of Zimbabwe (1979, as Amended to 2005)31H Executive functions of President(4) Without prejudice to the generality of subsection (d) to declare war and to make peace;

The Constitution of the Lebanese Republic (1926, as Amended to 2004)Article 65The executive power is vested in the Council of Ministers which exercises the authority over the armed forces. It exercises, among others, the following prerogatives:5. The Council of Ministers meets periodically in a place reserved for Government business and is presided over by the President of the Republic whenever he attends its meetings. The legal quorum for its meetings is two-thirds of its members. Its decisions are taken by consent or, if this turns out to be impossible, by vote, with a majority of those present and voting. Fundamental issues require a majority of two-thirds of the membership of the Government as it has been fixed in the decree establishing it. The following issues are considered as fundamental: Amending the Constitution, declaring and terminating the state of emergency, war and peace, public mobilization, international accords and treaties, the state budget, general and long term development plans, the appointment of civil servants of the first category, the dissolution of the Chamber of Deputies, the electoral law, nationality law, personal status laws and the dismissal of Ministers.