Constitution-Making Processes
Who writes constitutions and how — constituent assemblies, roundtables, expert commissions, and the degree of public participation.
Who Should Write a Constitution?
The process of constitution-making is itself a constitutional question. A constitution drafted by a narrow elite may lack legitimacy, no matter how technically excellent. One drafted through mass participation may reflect popular will but suffer from incoherence or manipulation. The choice of process shapes the product.
The most common method is a constituent assembly — a body elected specifically to draft a constitution. India's Constituent Assembly (1946-1949), chaired by B.R. Ambedkar, produced one of the world's most detailed constitutions through nearly three years of deliberation. South Africa's Constitutional Assembly included all parties that won seats in the 1994 election. The advantage of a dedicated assembly is focused expertise and democratic legitimacy; the risk is that it becomes a venue for ordinary political competition.