131. Post-Conflict Constitution Drafter's Handbook
- Author:
- Public International Law Policy Group
- Publication Date:
- 12-2012
- Content Type:
- Commentary and Analysis
- Institution:
- Public International Law Policy Group
- Abstract:
- The Public International Law & Policy Group’s (PILPG) Post-Conflict Constitution Drafter’s Handbook is intended to assist drafters of constitutions in post-conflict situations. The Handbook draws from PILPG’s experience in facilitating post-conflict constitution drafting processes, as well as comparative state practice, and is based upon analysis of over 150 constitutions from post- conflict and stable states. The Handbook is divided into sixteen chapters, each of which covers a core section in post-conflict constitutions. The chapters include: the Preamble, State Structure and Devolution of Powers, the Executive, the Legislature, the Judiciary, International Legal Obligations, the Electoral System, Financial Matters and the Central Bank, Human Rights, Minority Rights, Women’s Rights, Defense and Security, the Role of Religion, Customary Law, Natural Resources, and Extraordinary Measures. Within each chapter, the Handbook describes core provisions and provides sample language that may be used as a basis for constitutional provisions. In some instances, the Handbook provides several options that the drafter may choose from. The sample language is identified as “Option One” and “Option Two.” In others, the Handbook provides optional language that drafters may include. In those instances the sample language is identified as “Optional.” The intent of this handbook is to provide the drafter with options in structuring constitutional provisions. Since every post-conflict situation is unique, the drafter may change certain elements to enhance the constitution’s relevance and applicability to a particular context. The purpose of the sample language is merely to provide options from ratified constitutions to assist the drafter. The Handbook also contains two annexes. Annex I provides a list all of the constitutions cited in the footnotes and a link to their location on the World Wide Web. Annex II provides a compilation of all the sample language. PILPG is committed to supporting constitution drafters in fulfilling their roles, and, upon request, can provide additional assistance in considering particular provisions and language.
- Topic:
- Diplomacy, Peacekeeping, Conflict, Negotiation, and Peace
- Political Geography:
- Global Focus