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Constitution-Building and the Rule of Law

Strengthening the Guardrails of Constitutional Democracy

/Graphic design courtesy of Research Retold
Constitution-building does not end with the promulgation of a text. A robust constitutional democracy requires continuous engagement by political leaders, civil society and the citizens to uphold the promises of the constitution and to review and revise it when necessary. In an era of rising democratic backsliding, the need for careful attention to constitutional frameworks has never been greater.

Threats to Constitutional Democracy

Populism is the antithesis of constitutional democracy. By undermining independent judiciaries, independent media and opposition voices, in favour of mob rule, populist governments can concentrate in ways that threaten crucial checks and balances. Democracies must, more than ever, consider ''fixing the roof when the sun is shining'', by assessing their constitutional frameworks for potential vulnerabilities before it is too late. 

How International IDEA Supports Constitutional Resilience 

International IDEA works globally to strengthen constitutional democracy. Our efforts focus on three main areas: 

  • General assessment of constitutional performance. International IDEA, together with Professor Tom Ginsburg of the University of Chicago, developed a methodology to assess the effectiveness of constitutions in a variety of contexts, including South Africa, Iraq, Sri Lanka and the Philippines.
  • Lessons Learned for Democratic Resilience.  Based on extensive research and several recent reports on democratic resilience, International IDEA provides support for civil society organizations and state/political actors to guard against democratic backsliding.
  • Issue-Specific Assessments. International IDEA developed tools to assess constitutional texts for gender sensitivity and the protection of Indigenous People's Rights, helping ensure that constitutions uphold equality and inclusion. 

Raising Constitutional Awareness

International IDEA offers in-person and online trainings for a range of participants at national or multi-national levels. These programs are designed to:  

  • Build a deep understanding of key constitutional principles.
  • Demonstrate the importance of constitutional processes for democratic governance.
  • Equip participants with the skills to actively engage in constitution-making and reform efforts. 
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