NAVIGATION
HANDBOOK
- Foreword
- Overview
- Acknowledgments
- How to use this handbook
- Impacts of adherence to guiding principles
- Need for and purposes of this handbook
- Some emerging guiding principles
- Part 1: Introduction to constitution-making processes
- 1.1 The role of a constitution
- 1.1.1 Increase in constitutions
- 1.1.2 Importance of, but difficulty in implementing, constitutions
- 1.1.3 Constitutions as symbols and manifestos, and as legal rules
- 1.1.4 Constitutions as contracts among people or peoples
- 1.1.5 Orientation of new constitutions
- 1.1.6 Choices for constitution-makers
- 1.1.7 Constitutionalizing responsibilities and duties
- 1.2 Issues of process
- 1.2.1 Changing ideas and practices of constitution-making
- 1.2.2 Can the constitution-making process be designed?
- 1.3 Key components and issues of the constitution-making process
- 1.4 Tasks and responsibilities in constitution-making
- 1.4.1 Resources
- 1.4.2 Sequencing the process
- 1.4.3 Deadlines
- 1.4.4 Agreeing on an agenda for constitutional reform
- 1.4.5 The form of the agreement
- 1.4.6 Scope of reform: Interim, minimal, or complete?
- 1.4.7 Actors and public participation
- 1.4.8 Deadlock-breaking mechanisms
- 1.4.9 Drafting the constitution
- 1.4.10 Debating the draft constitution
- 1.4.11 Enacting the constitution
- 1.4.12 Implementing the constitution
- 1.5 Assessing the impact of the constitution-making process
- 1.6 Who does what? A table
- Part 2: Tasks in a constitution-making process
- 2.1 Tasks—starting a process
- 2.1.1 The constitutional starting point
- 2.1.2 Deciding if a process is needed
- 2.1.3 Starting a process: The law and the politics
- 2.1.4 Design
- 2.1.5 Timetables
- 2.1.6 Legal basis for the design
- 2.1.7 Preparing the constitution-makers
- 2.1.8 Guiding principles for the process
- 2.1.9 Interim constitutional arrangements
- 2.1.10 Starting over when a process has “failed”
- 2.2 Public participation
- 2.2.1 Introduction to public participation issues
- 2.2.2 Preparing the public to participate: Civic education
- 2.2.3 Public consultation
- 2.2.4 Receiving and analyzing the people’s views
- 2.3 Administering and managing the process and its resources
- 2.3.1 The core tasks of administering and managing a process
- 2.3.12 “Managing” relationships with the international community
- 2.3.13 Making the rules of procedure and decision-making— when and who?
- 2.3.14 Dealing with problems in the process
- 2.3.2 Strategic and operational planning
- 2.3.3 Financial management
- 2.3.4 Personnel
- 2.3.5 Capacity development
- 2.3.6 Foreign advisers
- 2.3.7 Making a historical record of the process
- 2.3.8 Keeping records
- 2.3.9 Translation and interpretation services
- 2.3.10 Security
- 2.3.11 The media
- 2.4 The agenda of constitutional issues and generating ideas on the issues
- 2.4.1 Determining the agenda of constitutional issues
- 2.4.2 Generating ideas on the constitutional issues
- 2.5 Debating and deciding the issues
- 2.6 The constitutional text: Coherence and drafting
- 2.7 Adopting and implementing the constitution
- Part 3: Institutions, groups, and procedures
- 3.1 Institutions with multiple roles
- 3.2 Institutions that develop proposals about which final decisions are made elsewhere
- 3.2.1 Parties to peace processes
- 3.2.2 The roundtable
- 3.2.3 Constitutional commissions, committees, and other specialist bodies
- 3.3 Administrative management bodies
- 3.4 Specialist or technical input institutions
- 3.5 Referendums and plebiscites
- Part 4: Guide to key external actors in the process: Civil society, the media, and the international community
- 4.1 Civil society and the media
- 4.1.1 Promoting or organizing for constitutional change or reforms
- 4.1.2 Informing and educating the people about electoral issues related to constitution-making
- 4.1.3 Civic education
- 4.1.4 Public consultation
- 4.1.5 Submissions to the constitution-making body
- 4.1.6 Research
- 4.1.7 Lobbying
- 4.1.8 Monitoring a process
- 4.2 Guidance for the international community
- Preface
- Sample codes of conduct