International Foundation for Electoral Systems
Constitution or other Founding Document
What is the purpose of a constitution?
A constitution establishes a country’s innate
characteristics and sovereignty, and outlines the
rights and responsibilities of its citizens. Ideally, it
guarantees basic human rights of the people,
defines the system of governance, the legislative,
executive and judicial branches (and their
separation), and the obligations and duties of each
element of government.
Who drafts a constitution?
The basic structure of a country can change in many
ways – through evolution, revolution, coup d’état,
division, conquest, or by a number of independent
countries coming together by agreement. In these
instances, either an existing constitution will apply
or a new constitution or founding document will be
developed to govern the new or changed country.
The drafting of a constitution may be initiated by a
de facto government, a temporary governor, an
intervening country or group of countries or, most
commonly following conflict, by a body such as the
United Nations (UN). Frequently, the UN or a group
of countries proposes financial aid and
peacekeeping assistance on the condition that
democratic institutions are established or reestablished, and the first step is often the
development of a new constitution. A drafting
group may be an elected assembly or a committee
of elders, politicians, respected citizens or experts,
including international participants.
A New Constitution in Kosovo
Kosovo declared independence from Serbia in
February 2008 after several years of conflict,
unrest, and administration by the United
Nations. This followed 17 rounds of
negotiations between Serbian and Kosovar
officials, led by United Nations Special Envoy
Martti Ahtisaari, who proposed a plan that
included the adoption of a new constitution
within 120 days after a declaration of
independence. A Constitutional Commission
was established, composed of 21 Kosovo
members, 15 appointed by the President of
Kosovo, three by the Assembly holding seats
reserved for minorities especially Serbs, and
three members of other minority communities
also appointed by the Assembly. By the end of
2007, the Commission produced a draft
constitution, directly derived from the
Ahtisaari plan. Sections of the constitution
were published for input, while a mix of
national and international experts helped with
review. After the Declaration of Independence,
the constitution was published for public
comment, garnering more than 1,000
comments from the public. The Commission
also held public hearings on the draft. The final
draft was completed in April 2008 and was
adopted in June 2008.
In Iraq, a National Assembly was elected for this purpose. The assembly prepared a draft with UN
advice, which was then adopted by a national referendum, and a Council of Representatives was
subsequently elected. In Timor-Leste, following a referendum on independence from Indonesia in 1999,
a Constituent Assembly was elected in 2001 specifically to draft a new constitution for the country. This
process was supported by the UN and backed by an international peacekeeping force, and Timor-Leste’s
first-ever constitution went into effect in 2002. However, the process of developing a new constitution is
often the subject of political controversy and disruption. In Libya, a Constituent Assembly of 60
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