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Constitutional Principles

Submitted by michaelfelber on

This is a brief paper concerning constitutional principles. The paper discusses the how constitutional principles may be used to reach agreements in the constitution-making process, and refers South Africa as an example. The paper then sets out the reasons in favour of including constitutional principles within constitutions, and breaks down the means of doing so as follows: constitutional principles in a preamble; constitutional principles as founding provisions; constitutional principles permeating a constitution; and directive principles.

Constitution-Making and Immutable Principles

Submitted by michaelfelber on

This paper takes a comprehensive look at the use of constitutional principles in the constitution-making process. Drawing from the South African example, the author explores, among other things, the process of developing these constitutional principles, the role they play in constitution-making with significant public participation, and the various enforcement mechanisms available to ensure these principles are effective and abided by. To illustrate these points, the author examines the following case studies: South Africa, Namibia, Burundi, Cambodia, and Eritrea.

Constitution-Making and Reform - Options for the Process

Submitted by michaelfelber on

This is a comprehensive guide to constitution-making and reform. The book identifies the tasks that need to be carried out, the procedures that can be used, and who can do them. It is intended for a wide audience and to be a guide for anyone who is engaged in a constitution-making process, or who is interested in improving constitution-making practice.

The Garowe Principles (I and II)

Submitted by michaelfelber on

In 2011 and 2012, the UN brokered the Somali National Consultative Constitutional Conference to establish a framework for the end of the Transitional Federal Institutions (TFI) in August 2012. The first conference (December 2011) led to a set of agreements between the Transitional Federal Government (TFG) and various Somali stakeholders outlining a framework for the political transition in August 2012 to a permanent, representative government. The agreement was entitled the Garowe (I) Principles on the Finalization and Adoption of the Constitution and the End of the Transition.