Reforming the Fundamental Law: Constitutional Change and Public Participation

in R. Trevedi (ed.), World of Human Rights: Soli J Sorabjee, A Festschrift, Universal Law Publishing Co, 2010

U of Melbourne Legal Studies Research Paper No. 615

19 Pages Posted: 9 Dec 2012

See all articles by Cheryl Saunders

Cheryl Saunders

University of Melbourne - Law School

Date Written: December 5, 2012

Abstract

Issues relating to community engagement in constitution-making and amendment have come to the fore in recent decades, driven by practical considerations as well as the symbolic explanation for constitutional legitimacy as derived from ‘the people’. This essay outlines, in a systematic way, the range of possibilities for public participation at the different stages of the process of constitutional change and examines the various techniques used to engage the public in these processes including representation, community consultation, popular participation, engagement with civil society and education. The discussion of these issues draws on the now substantial world experience in addressing the problem of engaging the community in constitution-making and constitutional change, providing examples from Australia, South Africa, Fiji, New Zealand, Kenya and other nations.

Keywords: constitutions, constitution-making, comparative, participation, community engagement

JEL Classification: K00, K39

Suggested Citation

Saunders, Cheryl Anne, Reforming the Fundamental Law: Constitutional Change and Public Participation (December 5, 2012). in R. Trevedi (ed.), World of Human Rights: Soli J Sorabjee, A Festschrift, Universal Law Publishing Co, 2010, U of Melbourne Legal Studies Research Paper No. 615, Available at SSRN: https://ssrn.com/abstract=2185732

Cheryl Anne Saunders (Contact Author)

University of Melbourne - Law School ( email )

Centre for Comparative Constitutional Studies 723 Swanston Street (2nd Floor)
Parkville, Victoria 3010
Australia
61 3 8344 0753 (Phone)
61 3 8344 9374 (Fax)

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