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
19 Pages Posted: 9 Dec 2012
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: Suggested Citation