%0 Journal Article
%T Constitution-making in the 21st century
%A Cheryl Saunders
%J International Review of Law
%D 2012
%I Bloomsbury Qatar Foundation Journals
%R 10.5339/irl.2012.4
%X Constitutions have been made or changed in major ways in more than half the countries of the world in recent decades. This article deals with contemporary approaches to constitution-making, organising the analysis around three key phases: setting the agenda, in terms of both substance and process; design, drafting and approval; and implementation. It argues that, while all constitution-making processes are different, there are some distinctive features of constitution-making in the 21st century that include popular participation, the need to build trust, internationalisation in its various forms and the importance of process. The article canvasses examples of constitution-making practices that have been or are likely to be influential. It identifies and briefly explores some of the key tensions in constitution-making between, for example, international involvement and domestic ownership of a Constitution and public participation and leadership.
%U http://www.qscience.com/doi/pdf/10.5339/irl.2012.4