How Constitution-making Fails and What We Can Learn from It

Discussion Paper: How Constitution-making Fails and What We Can Learn from It 

Author: Kimana Zulueta-Fülscher

English and Burmese versions | မြန်မာဗားရှင်း

Constitution-making is often integral to achieving a new political settlement after conflict and in fragile settings. However, the process fails with relative frequency, in that actors cannot agree on a new text or the finalized text is not approved or ratified. While failure may be temporary—the process may resume after a period of time—it can also be costly. Key reforms may depend on the adoption of a new or revised constitution, and in its absence negotiations may stall and conflict recur. This paper starts a conversation about the potential grounds for, and strategies to prevent or build on, failure.

This discussion paper was developed following the Ninth Edinburgh Dialogue on Post-Conflict Constitution-Building held in September 2022. The Dialogue was jointly organised by PeaceRep, International IDEA and the Edinburgh Centre for Constitutional Law.