How Constitution-making Fails and What We Can Learn from It

Discussion Paper 2/2023
611
This publication is only available in electronic format
Published: 
15 May 2023
Language: 
English
Pages: 
41
ISBN: 
978-91-7671-632-8 (PDF)
Author(s): 
Kimana Zulueta-Fülscher
Co-Publisher(s): 
Peace and Conflict Resolution Evidence Platform, the Edinburgh Centre for Constitutional Law

Constitution-making is often integral to achieving a new political settlement after conflict and in fragile settings. However, the process fails with relative frequency, in that actors cannot agree on a new text or the finalized text is not approved or ratified. While failure may be temporary—the process may resume after a period of time—it can also be costly. Key reforms may depend on the adoption of a new or revised constitution, and in its absence negotiations may stall and conflict recur.

This Paper starts a conversation about the potential grounds for, and strategies to prevent or build on, failure. It was developed following the Ninth Edinburgh Dialogue on Post-Conflict Constitution-Building held in September 2022.

Contents

Executive summary

1. How to think about failure

2. What are some of the factors that may lead to failure?

3. Building on failure and preparing for failure: Lessons learned

References

Related Content

Sep
06
2021
Image credit: International IDEA

Image credit: International IDEA

News Article
Dec
11
2020
A Coherence Programme mentor talking to female Executive Members of Aurahi, rural municipality province. Credits of the image: International IDEA.

A Coherence Programme mentor talking to female Executive Members of Aurahi Rural Municipality, Province 2. Credits of the image: International IDEA.

News Article
Jul
08
2020
Image credit: International IDEA

Image credit: International IDEA

Commentary