Mechanism Of Constitution-Making Process

The aim of this essay is to examine how a new constitution is made and the mechanism of the constitution-making process in post-conflict states. Also, the basic elements of the constitution-making, the rule of constitution-making-process. first I will focus on what is constitution and dose the process of constitution-making is matter? this essay particularly discusses the democratic constitution-making processes in Iraqi Kurdistan as a case of study.

There are some definitions of a constitution the most important is a constitution is primarily a set of rules and principles that specify how to govern a country, how to distribute and control power, and what rights citizens have, and also it is related to rights and public freedom in the state. It is usually written down and presented in a single document; the UK is unique in having a multi-source uncoded constitution. Constitution is varying in length, the famous 1787 Constitution of the United States is rather short, but typically all of them will contain guidance on matters(Anon,n.d.). The Collins dictionary says a constitution consists of ‘the fundamental principles governing a state, particularly when it is considered to embody the rights of subjects”(collins dictionary,n.d.).

The history of the constitution: the first constitution emerged in the united states The Constitution of the United States was established on September 17, 1787, after months of conflicting views, heated debates, and eventually challenging ideas culminated in consensus and careful reconsiderations. The constitution’s founders were delegates chosen to represent the interests of each state by the state legislatures. They first met as a quorum of 55 emissaries in the Philadelphia State House On May 25, 1787. Only independent Rhode Island declined to participate out of the thirteen. Their nation’s first constitution was established 1777after their innovatory war with Great Britain (Reuters, 2019).

The constitution-making process involves both the process of making a new constitution or improving an existing constitution and the specific decisions on the nature, shape, and substance of the new or amended constitution. Comparative experience shows a variety of procedures for drafting and adopting a new constitution. The choice is often influenced by the political context and democratic history, the ability to include the public in constitution-making, and legitimacy considerations. These choices may also be influenced by international involvement. Courts have played a key role in a small but significant number of significant cases another wise political process of making-constitution. constitutions are not created in isolation, Rather we draw on the world’s other democratic structures ‘ structure, documents, and experiences. Such as, constitution-making is a comparative constitutional law procedure. Comparative perspectives into both the nature of constitutional arrangements and the constitution-making process are important to constitutional theoretical understanding. A nuanced and sensitive understanding of the benefits and limitations of comparative experience is important for practitioners and international advisors involved in constitution-making(Melbourne law school, n.d.).

Does the process of constitution-making is matter Constitution-making is common but it is a well-understood phenomenon, there is much speculation but relatively little evidence about the influence of various design processes on constitutional outcomes? the questions of who is involved in the process and when much of the debate decline these questions. We account for two key issues in this regard. the first is the constitutional self dealing or whether governmental organs that have something to gain from constitutional outcome must be involved in the process

The second has to do with public involvement values in the process, both are amenable to straightforward social scientific analysis and have a clear normative implication (Ginsburg, Elkins and Bount,2009, p.201-223).

Democratic Constitution Making :

We live in an era of making costitution many peace processes need writing a constitution. new states or nations and new radical regimes that seek democratic credentials make writing a constitution a priority. Constitutional practice will change in a changing constitutional world .constitutionalism in the twenty-first century is redefining the long tradition of making constitution and bringing it into democratic participation International law has the right to public participation in democratic governance. This right is a moral punch, but it lacks legal teeth and effective enforcement. Does this right extend from everyday governance to the process of constitution-making? The United Nations Committee on Human Rights has recognized a specific right to participate in constitution-making (Hart,2003).

The democratic Constitution is significant because the people have the right to choose their own type of government. The constitution grants individual liberty it creates a system of balances and checks and controls the power of the government in the hands of the people. the constitution of a country not only defines the powers selected to each of the three main organs judiciary, legislator, executive. It also significantly makes obvious democratic responsibilities assigned to each of them. the constitution’s primary function is to set down the basic structure of the government according to which the people are to be regulated. The constitution does not simply provide a recipe for an efficient state. Also, it deals with limitations on power. The constitution of a particular country lays down the national goals which shape the essential structure upon which the nation rests. (Chandrashekhar, 2016).