Handbook

The Constitution Building Practitioners' Handbook presents a range of options to design and manage a process of making the constitution, as well as for the choice of content of the constitution. The Handbook is not a “one size fits all” template as the local contexts and objectives of constitution-building processes are too diverse. It presents the advantages and disadvantages likely to be associated with certain options, pitfalls to avoid, and identifies some of the inevitable dilemmas depending on the local circumstances involved. 

• Handbook
  • Table of contents
  • Acknowledgements
  • Preface
  • Introduction
    • The Need for and Purpose of Constitution Building
    • The Methodology of the Handbook
    • The Handbook and constitutionnet
  • Challenges for a Constitutional Drafter: Identifying the Specific Setting
    • Merits and limits of cross-constitutional exchange
    • Customs and legal structures familiar to the people
    • Language
    • Human and Financial Resources available for the Implementation of the Constitution
    • International and Regional Law
    • Effects and Dynamics of International Assistance
    • Political Dynamics
  • The Form and Purpose of a Constitution
    • The Constitution as the Governing Structure of a State
    • The Constitution as the Supreme Law of the Country
      • The Hierarchy of Norms in a Constitutional Setting
      • Constitution and Religion
      • III 2. c. Constitutional Amendments
        • III 2. c. (1) Introduction
        • III 2. c. (2) Authority to initiate constitutional amendment procedure
          • Provisions on the Initiative to Amend the Constitution
        • III 2. c. (3) Requirements for Constitutional Amendments
          • Constitutional Provisions requiring the straight or indirect involvement of the people as part of the amendment process
        • III 2. c. (4) Variation of amendment procedures within one constitution
          • Constitutional provisions providing different thresholds for the amendment of the constitution
        • III 2. c. (5) Limitations to constitutional amendments: unamendable provisions
        • Additional Literature and Materials
  • Questions and Concerns of the People that Might be Considered in a New Constitution
  • Constitutional Issues
    • Constitutional norms / principles
    • Modern Systems of Government
    • Designing the Executive Power of Government
    • Designing the Legislative Power of Government
      • Indicators for legislative strength
        • Law-Making Monopoly
          • Delegation
          • Legislature Alone Makes Laws
          • Referendum
          • Joint Law-Making with Executive
        • Power to Introduce Legislation in all Areas
          • All Areas
          • Initiating Requirements
          • Excluded Areas
        • Declaration of War
          • Legislature Declares War
          • Approval by Legislature
          • Exceptions to Legislative Involvement
          • Consultation
          • No Power
        • International Treaties
          • Legislature Concludes Treaties
          • Legislative Approval Required
          • Legislative Approval Sometimes Required
          • No Approval
        • Oversight of Agencies of Coercion
          • Oversight by Legislature
          • No Oversight
        • Legislative Appropriations
          • Legislative Appropriations Mandatory
          • Legislative Appropriations Not Mandatory
        • Amendment
          • Increased Legislative Majorities
          • Multiple Legislative Sessions
          • Restrictions from Amending Certain Areas
          • Involvement of Other Actors
        • Amnesty or Pardon
          • Exclusive Amnesty or Pardon Powers
          • Independent Amnesty or Pardon Powers
          • Joint Amnesty or Pardon Powers
          • No Amnesty and Pardon Powers
        • Immunity from Dissolution
          • No Dissolution
          • Self-Dissolution
          • Legislative Action Triggers Dissolution
          • Legislative Action Triggers the Possibility of Dissolution through Another Institution
          • Dissolution under the Exclusive Control of External Forces
        • Freedom from Veto
          • No Involvement of the Executive
          • Ceremonial Signing
          • Suspensive Veto
          • Veto on Constitutional Grounds
          • Veto Requiring a Higher Threshold
          • Absolute Veto
        • Freedom from Appointments
          • No Appointed Members
          • Guaranteed Seats
          • Some Members Appointed
        • Freedom from Judicial Review
          • No Judicial Review
          • Non-binding Judicial Opinions
          • Requested Review before Enactment
          • Review Before Enactment
          • Review After Enactment
        • Immunity
          • Full Immunity
          • Revocable Immunity
          • Flagrante Delicto Exception
          • Limitations based on Charge against Legislator
          • Immunity based on Legislative Role
        • Appointment of the Head of the Executive
          • Appointment by Legislature
          • Legislative Approval
          • Limited Legislative Involvement
        • No Confidence
          • Ability to Vote No Confidence
          • Constructive Vote of No Confidence
          • Limited Ability to Vote No Confidence
          • No Ability to Vote No Confidence
        • Impeachment of the Head of State
          • Independent Removal
          • Independent Removal in Certain Circumstances
          • Involvement of Other Actors
          • No Removal Powers
        • Appointment of Ministers
          • Legislative Appointment
          • Legislative Involvement
          • Legislative Approval of Government as a Whole
          • No Appointment Power
        • Oversight of the Executive
          • Investigation
          • Summons
          • Limits on the Power to Summons or Investigation
      • Design of the legislature (one chamber or bicameral)
      • Size and composition of the legislature
  • Supplementary
    • Additional Literature and Materials
    • Constitutional Amendment
      • Constitutional provisions providing different thresholds for the amendment of the constitution
        • In some federal countries, those constitutional amendments that also affect the sub-units’ interest require the consent of the second chamber as the representative organ of the sub-units at the national level.
        • Parts of the constitution can only be amended after having also been submitted to a national referendum.
        • Parts of the constitution can only be amended as part of a total revision requiring a different process and different institutions involved
        • Parts of the constitution can only be amended with an extra high majority in parliament
          • South Africa
    • Constitutional Provisions requiring the consent of a body representing the sub-units as part of the amendment process
    • Constitutional Provisions requiring the straight or indirect involvement of the people as part of the amendment process
    • Constitutional Provisions requiring time specific limitations
    • Constitutional Provisions that require the involvement of an additional representative body as part of the amendment process
    • Constitutional Provisions where a referendum might be triggered by other institutions / parts thereof as part of the amendment process
    • Constitutional clauses limiting the amendment of the constitution
      • Prohibiting a constitutional amendment that runs counter to a specific issue, e.g. changing president’s term of office
      • Prohibiting a constitutional amendment that runs counter to the constitution’s spirit
      • Prohibiting a constitutional amendment that runs counter to, e.g., its basic principles, basic rights, religion etc.