A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected by popular vote, drawn by sortition, appointed, or some combination of these methods.[1][2] Assemblies are typically considered distinct from a regular legislature, although members of the legislature may compose a significant number or all of its members.[3] As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures in some jurisdictions;[4] instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy.[5]
Unlike forms of constitution-making in which a constitution is unilaterally imposed by a sovereign lawmaker, the constituent assembly creates a constitution through "internally imposed" actions, in that members of the constituent assembly are themselves citizens, but not necessarily the political leaders, of the country for which they are creating a constitution.[6] As described by Columbia University Social Sciences Professor Jon Elster:
"Constitutions arise in a number of different ways. At the non-democratic extreme of the spectrum, we may imagine a sovereign lawgiver laying down the constitution for all later generations. At the democratic extreme, we may imagine a constituent assembly elected by universal suffrage for the sole task of writing a new constitution. And there are all sorts of intermediate arrangements."[7]
Australia held four constitutional conventions, one each in 1891, 1897, 1973, and 1998.
Bangladesh
The Constituent Assembly of Bangladesh was the first and, to date, the only constitution-making body of Bangladesh, convened in 1972 by the government of Sheikh Mujibur Rahman following the country's independence.[8] It comprised representatives elected in the national and provincial council elections of Pakistan held in 1970. As the assembly was formed with representatives elected under the Legal Framework Order, 1970, issued by Pakistan's then-military ruler and President Yahya Khan, several political parties and political leaders, including Maulana Abdul Hamid Khan Bhashani, Badruddin Umar, A.S.M. Abdur Rab, Farhad Mazhar, and others, have labeled this assembly as illegitimate.[9][10][11] However, despite the controversies and opposition, Sheikh Mujib's uncompromising leadership enabled the Constituent Assembly to draft and enact the Constitution in less than a year. However, from the time of its drafting until today, the constitution has been often labelled as "fascist"[12] and criticized for fostering autocracy[13] and failing to adequately safeguard human rights.
In the aftermath of 2024 mass uprising, the interim government of Bangladesh is mulling over convening a new constituent assembly to draft a new inclusive democratic constitution, ensuring the inviolability of human dignity.[14]
As of May 2021 Chile is the most recently elected constitutional assembly. The 155 members of this assembly were elected between 15 and 16 May 2021. The assembly has gender parity (50% females and 50% males) and has 17 seats reserved for people belonging to indigenous peoples. The assembly is granted 12 months to draft a new constitution, which has to be ratified by referendum once written, with compulsory voting.
The Danish Constituent Assembly (Danish: Den Grundlovgivende Rigsforsamling; lit. The Constitution giving Assembly of the Realm) of 1848 established the Constitution of Denmark in 1849 (Danish: Danmarks Riges Grundlov; lit. The Constitutional Act of the Realm of Denmark) and formalized the transition from absolute monarchy to constitutional monarchy. The assembly consisted of members of which 114 were directly elected in October 1848, 38 were appointed by the king and the rest were government ministers.[15] The constituent assembly met at Christiansborg Palace in Copenhagen and first met on 23 October 1848.[16] The assembly was overall split in three different groupings: the National liberals, the Friends of Peasants, and the Conservatives. A key topic for discussion was the political system, and the rules governing elections.[16][15] On 25 May 1849, the constituent assembly approved the new constitution, and on 5 June 1849 it was signed by King Frederick VII. For this reason, it is also known as the June constitution.[17] Today, 5 June is known as Constitution Day in Denmark.
During the French Revolution (from July 1789 to September 1791) a National Constituent Assembly (Assemblée nationale constituante) was formed when representatives assembled at the only location available – a tennis court – and swore the Tennis Court Oath on June 20, 1789, promising that they would not adjourn until they had drafted a new constitution for France. Louis XVI recognized the validity of the National Constituent Assembly on June 27, 1789.[18]
On 27 November 2010, Iceland held an election for a constitutional assembly, with 522 people competing for 25 delegate seats. The assembly, in session for four months from early April until late July 2011, drafted a new constitution and passed it unanimously with 25 votes and no abstentions. On 20 October 2012 the parliament put the bill to a national referendum, in which 67% of the voters supported the bill. Further, 67% of the voters supported equal voting rights (one person, one vote) and 83% supported national ownership of natural resources, two key provisions of the bill. Parliament has failed to ratify the bill, however, inviting accusations that the political class is trying to thwart the will of the people by disrespecting the result of the 2012 constitutional referendum.
The Constituent Assembly of India was elected to write the Constitution of India, and served as its first Parliament as an independent nation. It was set up as a result of negotiations between the leaders of the Indian independence movement and members of the British Cabinet Mission. The constituent assembly was elected indirectly by the members of the Provincial legislative assembly, which existed under the British Raj. It first met on December 9, 1946, in Delhi. On August 15, 1947, India became an independent nation, and the Constituent Assembly started functioning as India's Parliament. Dr. B.R. Ambedkar drafted the Constitution of India in conjunction with the requisite deliberations and debates in the Constituent Assembly. The Assembly approved the Constitution on November 26, 1949 (celebrated as Constitution Day), and it took effect on January 26, 1950 — a day now commemorated as Republic Day in India. Once the Constitution took effect, the Constituent Assembly became the Provisional Parliament of India.
The Constitutional Assembly of Indonesia was established to draw up a permanent constitution. Its membership was elected in November 1955, and it met for the first time in November 1956. After four sessions, it failed to agree on the fundamental basis for the state. It was dissolved in 1959, and the original constitution imposed by presidential decree.(OTP)
The Constituent Assembly of Italy was established in 1946 in the wake of Fascist Italy's defeat during World War II. It was elected with universal suffrage, simultaneously with a referendum about the adoption of Republic or the continuation of monarchy. Voters chose Republic, and the new assembly had the task to approve the new republic governments, as well as to write a new constitution. This was approved on 22 December 1947.
It was dissolved on 31 January 1948, to be replaced by the new Parliament of Italy.
The first Constituent Congress of independent Mexico, known as the Congress of Anahuac, was first gathered in Chilpancingo whilst the war of independence was still ongoing. During the opening of Congress, José María Morelos outlined its program in a document called Sentimientos de la Nación (Feelings of the Nation), which was the first antecedent of the various Constitutions of Mexico. Being persecuted by royalist troops, the Congress fled Chilpancingo and gathered in Apatzingán.
On October 22, 1814, the Congress enacted the Constitutional Decree for the Liberty of Mexican America (Decreto Constitucional para la Libertad de la América Mexicana), known as the Constitution of Apatzingán. The 1814 Constitution entered into force in the territories dominated by the insurgents, but as the war continued and the first insurgent leaders (like Morelos) were defeated, it was largely forgotten.
After independence was consummated on September 27, 1821, and based on the Plan de Iguala and the Treaty of Córdoba, the Provisional Governing Junta was stablished. The Junta proclaimed the Act of Independence of the Mexican Empire and acted as a de facto legislative assembly until February 24, 1822, when the Constituent Congress was gathered. On May 19, 1822, the Constituent Congress proclaimed Agustín de Iturbide as Emperor. The relations between Emperor and Congress were always problematic, a situation that led to the dissolution of Congress by Iturbide on October 31, 1822, without a formal Constitution being enacted.
After the dissolution of Congress, Iturbide created the National Instituent Junta, which enacted the Provisional Political Bylaws of the Mexican Empire on December 18, 1822. The dissolution of Congress had resulted in an armed revolution under the Plan de Casa Mata, which called for the establishment of a Federal Republic and for the restoration of the Constituent Congress. Iturbide was forced to abdicate and he reinstalled the Constituent Congress.
The Congress then created a provisional government, called the Triumvirate, and enacted the Constituent Act of the Mexican Federation, by which the former Provinces of Mexico were transformed into free and sovereign States. After this, a Constituent Congress was formed with the participation of the States and it enacted the 1824 Constitution.
Many disputes aroused between federalists and centralists, which resulted in political instability and in 1836 the Siete Leyes (Seven Laws) were enacted. The Siete Leyes dissolved the federation and created a unitary republic, but that ended in 1846 when the Constitutive and Reforms Act was enacted and the 1824 Constitution, and thus the federation, was restored.
On October 16, 1854, President Juan Álvarez, under the Plan de Ayutla, decreed the formation of another Constituent Congress, which met in 1856. During the presidency of Ignacio Comonfort, the Constituent Congress enacted the 1857 Constitution, which was liberal in character. The Constitution was not well received by the church and Mexican conservatives, and the Plan de Tacubaya called for its derogation. This events led to the Reform War, which the liberals won, then restoring the 1857 Constitution and adding to it the Reform Laws.
Nepal had two Constituent assemblies, the last one being elected after its predecessor failed to deliver a constitution, despite multiple extensions. It also served as the country's parliament. Finally Nepal had made constitution with 89% majority. Nepal has adopted Federalism since.
The US Constitution contains no provision for its own replacement (and because of the presence of entrenched clauses it cannot be revoked through an amendment). Article V of the Constitution does permit Congress to appoint a national constitutional convention to propose amendments but it has never done so. While Congress has the option to submit both its own proposals for amendments and those of a national convention to state conventions rather than the state legislatures for ratification; this process has been used only once (for the Twenty-first Amendment).
States
The Virginia Constitutional Convention, 1830 (George Catlin, ca. 1830). Many state constituent assemblies, like the 1830 Virginia Constitutional Convention, were highly formalized but the legitimacy of the constitution they drafted depended on whether it was authorized by the people, not whether a particular procedure was followed.
A long tradition in the use of constituent assemblies exists at the state level of Constitutionalism. In fact, constituent assemblies met in the states before the formation of the Federal Constitution in 1787 as well as after its ratification. Since 1776 nearly 150 state constitutional conventions have met to draft or revise state constitutions.[22]
These early state constitutional conventions frequently did not use procedural steps like popular ratification that became commonplace in the mid-19th century. Yet they were considered to be constituent assemblies that exercised their authority as that of the people.[23] As American Sovereigns: The People and America's Constitutional Tradition Before the Civil War by Christian G. Fritz notes:.
"A legitimate constitution depended on whether the sovereign people authorized it, not whether a particular procedure was used or whether revolutionary conventions were free of other responsibilities, such as passing ordinary legislation. It was the people as the sovereign who authorized drafting those first [state] constitutions that gave them their legitimacy, not whether they used procedures that matched what was later understood to be necessary to create fundamental law."[24]
American state constituent assemblies in the 19th and 20th centuries reflected many qualities of a citizen's movement.[25] From the start of state American constitution-making, delegates to constitutional conventions studied earlier state models of constitutions. They often self-consciously "borrow[ed]" constitutional text and provisions from other states. They often used in their drafting and debates compact and pocket-sized compilations of all the existing American constitutions, so that the constituent's assembly could draw upon the latest in constitutional design.[26] The powers of these state constituent assemblies were also highly contested, with some claiming that they had unlimited legal power and others claiming that they must operate within the pre-existing legal landscape.[27] In the end, a common law of constituent power emerged which held that elected constituent assemblies had limited powers.[27]
The Constitution of New York has been amended, or re-established de novo, through nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921.
Vermont's first constitution was drafted by a convention that met in July 1777 and revised by a convention that met in 1786, both of these conventions occurring when Vermont was still independent of the United States. Vermont was admitted into the United States in 1791 and its government continued to function under the 1786 constitution. Two years later in 1793 held another convention to bring some provisions of its constitution into line with the Constitution of the United States.
Virginia Conventions have included six unlimited meetings. Constitutions were promulgated by fiat in 1776, 1864 and 1901–02, and ratified by referendum in 1829–30, 1850, and 1868. Limited Conventions and Constitutional Commissions resulting in revisions were held in 1927, 1945, 1956 and 1968. Subsequently, the state legislature proposes amendments that are ratified in popular referendum.[32]
State constitutional conventions
All 50 states have had at least one Constitutional Convention, numbering over 233. 11 were illegal and defeated by arms (Confederacy and Dorr's Rebellion). 12 were illegal and won through arms (Revolutionary War, Republic of Texas, and Vermont Republic). 37 were made in accordance with a Federal enabling law.[33]
State legislatures put restrictions on conventions that were not followed in these cases.[34]
Georgia 1789 proposed alternatives instead of accepting or rejecting a constitution.
Illinois 1862 and 1869 disregarded a requirement for an oath.
New York 1867 worked past its deadline and submitted its work later.
Pennsylvania 1872 against restriction altered the Bill of Rights.
Alabama 1901 increase delegate pay above limit.
Michigan 1908 submitted its work in November not April.
Countries without an entrenched constitution
A few countries do not have an entrenched constitution, which can thus be amended by normal legislative procedures; the United Kingdom, New Zealand and Israel are examples. In these countries there is no need to call constituent assemblies, and no provision to do so, as the legislature can effectively modify the constitution.
Although it lacks a written constitution, the United Kingdom has had several conventions at the subnational level including:
The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-Council, Letters Patent, decisions of the Courts and unwritten constitutional conventions. Because it is not supreme law, the constitution is comparatively easy to reform, requiring only a majority of Members of Parliament to amend it.
The constitutional law of Israel is determined by the Knesset which, since 1949, serves as the country's ongoing constituent assembly. The Knesset has the power to create Basic Laws of Israel, laws which are entrenched legislation and will become part of a "future" constitution of Israel, as well as "regular" statutory legislation.
↑ Islam, Kabedul (September 2023). গণপরিষদের বিতর্কের আলোকে বাংলাদেশের সংবিধান জন্মকথা[The Birth Story of Bangladesh's Constitution in Light of the Constituent Assembly Debates] (in Bengali). Dhaka: Mowla Brothers. p.7. ISBN978-984-97686-5-4.{{cite book}}: CS1 maint: date and year (link)
↑ Mazhar, Farhad (2023). "গঠন ও গঠনতন্ত্র". গণঅভ্যুত্থান ও গঠন: বাংলাদেশে গণরাজনৈতিক ধারার বিকাশ প্রসঙ্গে[Mass Uprising and Constitution: On the Development of People's Political Consciousness in Bangladesh] (in Bengali). Dhaka: Rastrochinta (published August 2023). pp.148–180. ISBN978-984-97818-0-6.
↑ Umar, Badruddin (2019). "আর্থ-সামাজিক-রাজনৈতিক পরিবর্তনের ধারা". In Ahmad, Ahrar (ed.). সমাজ রাষ্ট্র বিবর্তন: জ্ঞানতাপস আব্দুর রাজ্জাক গুণিজন বক্তৃতামালা (২০১৭-২০১৮) (in Bengali). Dhaka: Bengal Publications. pp.156–182. ISBN978-984-93718-7-8.
↑ See The Records of the Federal Convention of 1787 (Edited by Max Farrand; revised edition in Four Volumes, Yale University Press, 1966).
↑ Albert L. Sturm, "The Development of American State Constitutions," 12 Publius (1982), 57–98.
↑ Marc W. Kruman, Between Authority and Liberty: State Constitution Making in Revolutionary America (Univ. of North Carolina Press, 1997), 1–33; Christian G. Fritz, "Alternative Visions of American Constitutionalism: Popular Sovereignty and the Early American Constitutional Debate," 24 Hastings Constitutional Law Quarterly (1997), 322–29; Christian G. Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Press, 2008) at pp. 31–35 ISBN978-0-521-88188-3
↑ Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Press, 2008) at p. 33 ISBN978-0-521-88188-3 For more on the role of the requirement of complying with specific procedures and processes, see Christian G. Fritz, "America's Unknown Constitutional World,"Archived 2011-05-11 at the Wayback Machine Bonus Article, Common-Place, Vol. 9, No. 1 (Oct. 2008)
↑ Laura J. Scalia, The Remaking of State Constitutions: The Uses of Liberalism in Designing Electoral Laws, 1820–1850 (Northern Illinois Univ. Press, 1999); John J. Dinan, The American State Constitutional Tradition (Univ. Press of Kansas, 2006).
↑ Marsha L. Baum and Christian G. Fritz, "American Constitution-Making: The Neglected State Constitutional Sources," 27 Hastings Constitutional Law Quarterly (2000), 199–242.
An electoral college is a body whose task is to elect a candidate to a particular office. It is mostly used in the political context for a constitutional body that appoints the head of state or government, and sometimes the upper parliamentary chamber, in a democracy. Its members, called electors, are either elected by the people for this purpose or by certain subregional entities or social organizations.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.
The National Assembly was the authoritative legislative body of the Republic of China, from 1947 to 2005. Along with the Control Yuan and the Legislative Yuan, the National Assembly formed the tricameral parliament of the Republic of China.
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946, in Nanking, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic(French: la Constitution de la Cinquième République), and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state.
The Constitution of the Czech Republic is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 January 1993, replacing the 1960 Constitution of Czechoslovakia and the constitutional act No. 143/1968 Col., when Czechoslovakia gave way to the Slovak Republic and the Czech Republic in a peaceful dissolution.
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.
The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers (chavistas) refer to the 1999 document as the "Constitución Bolivariana" because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism.
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments. The only amendment that has been ratified through this method thus far is the 21st Amendment in 1933.
The Constitution of Iceland is the supreme law of Iceland. It is composed of 80 articles in seven sections, and within it the leadership arrangement of the country is determined and the human rights of its citizens are preserved. The current constitution was first instituted on 17 June 1944 when Iceland became a republic; since then, it has been amended seven times.
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.
A convention, in the sense of a meeting, is a gathering of individuals who meet at an arranged place and time in order to discuss or engage in some common interest. The most common conventions are based upon industry, profession, and fandom. Trade conventions typically focus on a particular industry or industry segment, and feature keynote speakers, vendor displays, and other information and activities of interest to the event organizers and attendees. Professional conventions focus on issues of concern along with advancements related to the profession. Such conventions are generally organized by societies or communities dedicated to promotion of the topic of interest. Fan conventions usually feature displays, shows, and sales based on pop culture and guest celebrities. Science fiction conventions traditionally partake of the nature of both professional conventions and fan conventions, with the balance varying from one to another. Conventions also exist for various hobbies, such as gaming or model railroads.
The Constitution of Estonia is the fundamental law of the Republic of Estonia and establishes the state order as that of a democratic republic where the supreme power is vested in its citizens. The first Constitution was adopted by the freely elected Estonian Constituent Assembly on 15 June 1920 and came into force on 21 December 1920. Heavily amended on 24 January 1934, following a referendum in 1933, it was in force until the second Constitution was enacted on 1 January 1938. It remained in force, de facto, until 16 June 1940, when the Soviet Union occupied Estonia and, de jure, until 28 June 1992, when the third and current Constitution of the Republic of Estonia was adopted by referendum.
The Preamble to the Constitution of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. The words "socialist", "secular" and "integrity" were later added during the Indian emergency by Indira Gandhi.
The Constitution of the Philippines is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
The Constitution of Costa Rica is the supreme law of Costa Rica. At the end of the 1948 Costa Rican Civil War, José Figueres Ferrer oversaw the Costa Rican Constitutional Assembly, which drafted the document. It was approved on 1949 November 7. Several older constitutions had been in effect starting from 1812, with the most recent former constitution ratified in 1871. The Costa Rican Constitution is remarkable in that in its Article 12 abolished the Costa Rican military, making it the second nation after Japan to do so by law. Another unusual clause is an amendment asserting the right to live in a healthy natural environment.
The Constitutional Reform Commission was established by the Yunus ministry on September 2024 with a purpose to prepare a report on the reasons behind the past constitutional failures and to create a roadmap for holding a constituent assembly election to draft and adopt a new, inclusive, democratic constitution, ensuring the inviolability of human dignity. The commission was formed in the aftermath of a constitutional crisis triggered by the July revolution that culminated in the ousting of Sheikh Hasina on 5 August 2024.
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