Constitutional Governance and Rule of Law

Strengthening Constitutional Governance for Peace and the Rule of Law

Constitutions are foundational to democracy, the rule of law, human rights and good governance, but poorly designed constitutions can increase discord and conflict. Because of the important roles that constitutions play, constitutional change is a central feature of democratic transition, democratic consolidation and conflict management.

International IDEA believes that people everywhere yearn for a social contract that respects and advances their dignity and equality. To further these aspirations, International IDEA provides request-based support to strengthen constitutional governance and rule of law.

Why the Legal and Constitutional Framework Matters

 1. The Rule of Law for Public Good

Elections determine who holds power, but the legal and constitutional framework establishes what those in power must do, and what they are prohibited from doing. Without a robust legal and constitutional framework, public authority can be used to benefit only those in power, undermining fundamental rights, marginalizing vulnerable groups, and generating social and economic instability. Strong rule of law, by contrast, promotes the exercise of public authority for the public good. 

2. Constitutional Change for Peace and Democracy 

Constitution-making is not only a legal exercise; it is a collective effort to redefine the social contract between citizens and the state, and among diverse societal groups. Since constitutions determine how power is shared, how rights are protected, and how societies coexist, constitutional reform negotiations often lie at the heart of transitions from conflict to peace and authoritarianism 
to democracy. These processes carry serious risks if mishandled, but can drive profound transformation if managed successfully. 

3. Strong Institutional Safeguards for Democratic Resilience

In a growing number of countries, elected governments have exploited weak legal and institutional frameworks to undermine democratic safeguards. When institutions are fragile or rules are poorly designed, political majorities can exploit them to erode democracy from within. But strong laws help to ensure that political decisions reflect the will of the people.

If political systems were a machine, failures could arise from flawed design or from problems in operation. International IDEA works on both fronts by: 

• Support for the design of legal and constitutional reforms through comparative, non-prescriptive, expert advice.
• Improving how democratic institutions work through tailored technical assistance, advice and peer-to-peer exchange. 

Our Unique Approach

International IDEA’s Constitutional Governance and Rule of Law Programme is grounded in three core principles:

• National Ownership: We do not impose solutions. Instead, we act as trusted advisors, helping national actors explore options, assess trade-offs and design legal and constitutional frameworks that are tailored to their context.
• Inclusive Dialogue: We support processes that bring together citizens, civil society, political leaders and other stakeholders, enabling them to jointly shape their shared future.
• Evidence-Based Support: Our assistance draws on comparative knowledge, research, and technical guidance informed by global experience. 

International IDEA brings political neutrality and trusted access, allowing us to work across divides, engage all sides of a process and support constitutional reforms even in sensitive or polarized environments.

Through capacity-building workshops, technical assistance, political mediation and advisory support, International 
IDEA partners with countries at decisive moments — when constitutional choices determine the direction of their 
democracy. We help national actors navigate these transitions with confidence and clarity, ensuring that reforms 
open pathways to peace, accountability and a stronger rule of law. Our comparative knowledge equips governments 
to make informed decisions, provides development partners with a reliable foundation for evidence-informed 
programming and contributes to building institutions that citizens can trust.

Key Outputs and Results: 

Knowledge: 

Before the establishment of International IDEA's Constitutional Governance and Rule of Law Programme in 2019, there were no practitioner-oriented resources on how to undertake constitutional reform. 

• Today, International IDEA has produced over 100 such publications. Constitution makers from Bangladesh to Barbados, and from Tunisia to Tuvalu, have used these materials in drafting and reform processes. 

International IDEA also created ConstitutionNet, the leading global online information portal for constitutional governance. It provides thousands of knowledge resources and guidance materials, expert analyses on ongoing constitutional reform processes and regular updates on constitutional reforms around the world. 

Convening: 

• Prior to this programme, there was no forum that brought together the conflict mediation and constitutional reform communities.
  • Since 2014, International IDEA has convened an annual dialogue on post-conflict constitution-building, fostering exchanges between these communities alongside key actors from ongoing peace processes. This dialogue has generated a substantial body of research and practical knowledge for practitioners and international advisors.
• Likewise, prior to 2019, there was no global platform for women engaged in political transitions to share experiences and learn from one another.
  • International IDEA created the Women's Constitution Makers' Dialogue, which has since grown into a flourishing, global network, offering mutual advice and support to advance women's participation in constitutional and legal reform processes. 

Country Assistance: 

International IDEA has provided support to constitutional reform processes in over 20 countries, including in Armenia, Barbados, 
Belarus (opposition in exile), Chile, The Gambia, Ghana, Guyana, Libya, Myanmar, Nepal, Panama, the Philippines, Somalia, South 
Sudan, Sudan, Sri Lanka, Trinidad and Tobago, Tunisia, Ukraine and Yemen.