![Convención Constituyente Chile 4-julio-2021](https://upload.wikimedia.org/wikipedia/commons/6/66/Convenci%C3%B3n_Constituyente_Chile_4-julio-2021.jpg)
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
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. Members of a constituent assembly may be elected by
popular vote
Popularity or social status is the quality of being well liked, admired or well known to a particular group.
Popular may also refer to:
In sociology
* Popular culture
* Popular fiction
* Popular music
* Popular science
* Populace, the total ...
, drawn by
sortition
In governance, sortition (also known as selection by lottery, selection by lot, allotment, demarchy, stochocracy, aleatoric democracy, democratic lottery, and lottocracy) is the selection of political officials as a random sample from a larger ...
, appointed, or some combination of these methods. Assemblies are typically considered distinct from a regular
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, although members of the legislature may compose a significant number or all of its members. 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; 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
Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of represen ...
.
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. As described by Columbia University Social Sciences Professor
Jon Elster
Jon Elster (; born 22 February 1940, Oslo) is a Norwegian philosopher and political theorist who holds the Robert K. Merton professorship of Social Science at Columbia University.
He received his PhD in social science from the École Normale Su ...
:
"Constitutions arise in a number of different ways. At the
non-democratic extreme of the
spectrum
A spectrum (plural ''spectra'' or ''spectrums'') is a condition that is not limited to a specific set of values but can vary, without gaps, across a continuum. The word was first used scientifically in optics to describe the rainbow of colors i ...
, 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
Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
for the sole task of writing a new constitution. And there are all sorts of intermediate arrangements."
By Country
Australia
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
held four constitutional conventions, one each in 1891, 1897, 1973, and
1998
Chile
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
Compulsory voting, also called mandatory voting, is the requirement in some countries that eligible citizens register and vote in elections. Penalties might be imposed on those who fail to do so without a valid reason. According to the CIA World F ...
.
Costa Rica
Immediately after the
1948 Costa Rican Civil War that overthrew the
Rafael Angel Calderón Government, the leaders of the victorious side called for the
election of a Constituent Assembly in the same year. The Assembly successfully drafted and approved the current Costa Rican Constitution.
Denmark
The
Danish Constituent Assembly (; lit. ''The Constitution giving Assembly of the Realm'') of 1848 established the
Constitution of Denmark
The Constitutional Act of the Realm of Denmark ( da, Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution ( da, Grundloven, fo, Grundlógin, kl, Tunngaviusumik inatsit), is the c ...
in 1849 ( da, Danmarks Riges Grundlov; lit. ''The
Constitutional Act of the Realm of Denmark'') and formalized the transition from
absolute monarchy
Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
to
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
. 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.
The constituent assembly met at
Christiansborg Palace in
Copenhagen
Copenhagen ( or .; da, København ) is the capital and most populous city of Denmark, with a proper population of around 815.000 in the last quarter of 2022; and some 1.370,000 in the urban area; and the wider Copenhagen metropolitan ar ...
and first met on 23 October 1848.
The assembly was overall split in three different groupings: the
National liberals, the Friends of Peasants, and the
Conservatives
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
. A key topic for discussion was the political system, and the rules governing elections.
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''.
Today, 5 June is known as
Constitution Day
Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...
in Denmark.
European Union
The
European Convention Several bodies or treaties are known as European Convention.
Bodies of the European Union
* European Convention (1999–2000) which drafted the:
** ''Charter of Fundamental Rights of the European Union'' (2000 / 2009)
* Convention on the Future of ...
(2001) drafted the
Constitution for Europe for approval by the
European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...
and ratification by the
member states. This constitution was abandoned after being rejected in
French and
Dutch referendums, and was replaced by the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member s ...
in 2007
France
During the
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
(from July 1789 to September 1791) a
National Constituent Assembly () was formed when representatives assembled at the only location available – a tennis court – and swore the
Tennis Court Oath
On 20 June 1789, the members of the French Third Estate took the Tennis Court Oath (french: Serment du Jeu de Paume) in the tennis court which had been built in 1686 for the use of the Versailles palace. Their vow "not to separate and to reasse ...
on June 20, 1789, promising that they would not adjourn until they had drafted a new constitution for France.
Louis XVI
Louis XVI (''Louis-Auguste''; ; 23 August 175421 January 1793) was the last King of France before the fall of the monarchy during the French Revolution. He was referred to as ''Citizen Louis Capet'' during the four months just before he was ...
recognized the validity of the National Constituent Assembly on June 27, 1789.
See also
1848 French Constituent Assembly election
Germany
Parlamentarischer Rat
The ''Parlamentarischer Rat'' (German for "Parliamentary Council") was the West German constituent assembly in Bonn that drafted and adopted the constitution of West Germany, the Basic Law for the Federal Republic of Germany, promulgated on 23 Ma ...
(Parliamentary Council) (1948) – Drafted the
Basic Law of the Federal Republic for ratification by the ''
Länder
Länder (singular Land) or Bundesländer (singular Bundesland) is the name for (federal) states in two German-speaking countries. It may more specifically refer to:
* States of Austria, the nine federal subdivisions of Austria
* States of Germany ...
''. This council was not recognized as legitimate by Soviet-occupied
East Germany
East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
, which drafted its own constitution in 1949 and would not accept the Basic Law until
German reunification
German reunification (german: link=no, Deutsche Wiedervereinigung) was the process of re-establishing Germany as a united and fully sovereign state, which took place between 2 May 1989 and 15 March 1991. The day of 3 October 1990 when the Ge ...
in 1990.
Iceland
On 27 November 2010, Iceland held an election for a
constitutional assembly
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 b ...
, 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.
Ireland
In
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, the
government elected in March 2011 has committed to establishing
constitutional amendments
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, t ...
on six specified issues and others it may consider; the government has separately promised amendments on five other issues.
India
The Constituent Assembly of
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
was elected to write the
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
, and served as its first
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
as an independent nation. It was set up as a result of negotiations between the leaders of the
Indian independence movement
The Indian independence movement was a series of historic events with the ultimate aim of ending British Raj, British rule in India. It lasted from 1857 to 1947.
The first nationalistic revolutionary movement for Indian independence emerged ...
and members of the British
Cabinet Mission
A Cabinet Mission came to India in 1946 in order to discuss the transfer of power from the British government to the Indian political leadership, with the aim of preserving India's unity and granting its independence. Formed at the initiative of ...
. The constituent assembly was elected indirectly by the members of the Provincial legislative assembly, which existed under the
British Raj
The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent;
*
* it is also called Crown rule in India,
*
*
*
*
or Direct rule in India,
* Quote: "Mill, who was himsel ...
. It first met on December 9, 1946, in
Delhi
Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders w ...
. On August 15, 1947, India became an independent nation, and the Constituent Assembly started functioning as India's Parliament.
B. R. Ambedkar
Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956) was an Indian jurist, economist, social reformer and political leader who headed the committee drafting the Constitution of India from the Constituent Assembly debates, served ...
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
Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...
), and it took effect on January 26, 1950 — a day now commemorated as
Republic Day
Republic Day is the name of a holiday in several countries to commemorate the day when they became republics.
List
January 1 January in Slovak Republic
The day of creation of Slovak republic. A national holiday since 1993. Officially cal ...
in India. Once the Constitution took effect, the Constituent Assembly became the Provisional Parliament of India.
Indonesia
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)
Italy
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
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
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 Italian Parliament ( it, Parlamento italiano) is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1943), the transition ...
.
Mexico
The
Viceroyalty of New Spain
New Spain, officially the Viceroyalty of New Spain ( es, Virreinato de Nueva España, ), or Kingdom of New Spain, was an integral territorial entity of the Spanish Empire, established by Habsburg Spain during the Spanish colonization of the Amer ...
sent deputies to the
Cortes of Cadiz
Cortes, Cortés, Cortês, Corts, or Cortès may refer to:
People
* Cortes (surname), including a list of people with the name
** Hernán Cortés (1485–1547), a Spanish conquistador
Places
* Cortes, Navarre, a village in the South border of N ...
, which enacted the
1812 Constitution. By the time this Constitution was enacted, an insurgency
fighting for independence from Spain was already established.
The first Constituent Congress of independent Mexico, known as the
Congress of Anahuac, was first gathered in
Chilpancingo
Chilpancingo de los Bravo (commonly shortened to Chilpancingo; ; Nahuatl: Chilpantsinko) is the capital and second-largest city of the state of Guerrero, Mexico. In 2010 it had a population of 187,251 people. The municipality has an area of in ...
whilst the war of independence was still ongoing. During the opening of Congress,
José María Morelos
José María Teclo Morelos Pérez y Pavón () (30 September 1765 – 22 December 1815) was a Mexican Catholic priest, statesman and military leader who led the Mexican War of Independence movement, assuming its leadership after the execution of ...
outlined its program in a document called ''
Sentimientos de la Nación
''Sentimientos de la Nación'' ("Feelings of the Nation"; occasionally rendered as "Sentiments of the Nation") was a document presented by José María Morelos y Pavón, leader of the insurgents in the Mexican War of Independence, to the National ...
'' (Feelings of the Nation), which was the first antecedent of the various Constitutions of Mexico. Being persecuted by
royalist
A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of governme ...
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 Constitution of Apatzingán, formally ''Decreto Constitucional para la Libertad de la América Mexicana'' ("Constitutional Decree for the Liberty of Mexican America"), was promulgated on October 22, 1814 by the Congress of Anahuac gathered in ...
. 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
The Plan of Iguala, also known as The Plan of the Three Guarantees ("Plan Trigarante") or Act of Independence of North America, was a revolutionary proclamation promulgated on 24 February 1821, in the final stage of the Mexican War of Independenc ...
'' and the
Treaty of Córdoba
The Treaty of Córdoba established Mexican independence from Spain at the conclusion of the Mexican War of Independence. It was signed on August 24, 1821 in Córdoba, Veracruz, Mexico. The signatories were the head of the Army of the Three Guaran ...
, 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
A triumvirate ( la, triumvirātus) or a triarchy is a political institution ruled or dominated by three individuals, known as triumvirs ( la, triumviri). The arrangement can be formal or informal. Though the three leaders in a triumvirate are ...
, 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
''Las Siete Leyes'' (, or Seven Laws was a constitution that fundamentally altered the organizational structure of Mexico, away from the federal structure established by the Constitution of 1824, thus ending the First Mexican Republic and creatin ...
'' (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
Juan Nepomuceno Álvarez Hurtado de Luna, generally known as Juan Álvarez, (27 January 1790 – 21 August 1867) was a general, long-time caudillo (regional leader) in southern Mexico, and president of Mexico for two months in 1855, following ...
, under the ''
Plan de Ayutla'', decreed the formation of another Constituent Congress, which met in 1856. During the presidency of
Ignacio Comonfort
Ignacio Gregorio Comonfort de los Ríos (; 12 March 1812 – 13 November 1863), known as Ignacio Comonfort, was a Mexican politician and soldier who was also president during one of the most eventful periods in 19th century Mexican history: La R ...
, the Constituent Congress enacted the
1857 Constitution
The Federal Constitution of the United Mexican States of 1857 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1857), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent Cong ...
, 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
The Reform War, or War of Reform ( es, Guerra de Reforma), also known as the Three Years' War ( es, Guerra de los Tres Años), was a civil war in Mexico lasting from January 11, 1858 to January 11, 1861, fought between liberals and conservativ ...
, which the liberals won, then restoring the 1857 Constitution and adding to it the
Reform Laws
The Reform War, or War of Reform ( es, Guerra de Reforma), also known as the Three Years' War ( es, Guerra de los Tres Años), was a civil war in Mexico lasting from January 11, 1858 to January 11, 1861, fought between liberals and conservativ ...
.
After the
Porfiriato
, common_languages =
, religion =
, demonym =
, currency =
, leader1 = Porfirio Díaz
, leader2 = Juan Méndez
, leader3 = Porfirio Díaz
, leader4 ...
, and whilst the
Mexican Revolution
The Mexican Revolution ( es, Revolución Mexicana) was an extended sequence of armed regional conflicts in Mexico from approximately 1910 to 1920. It has been called "the defining event of modern Mexican history". It resulted in the destruction ...
was still being fought, President
Venustiano Carranza
José Venustiano Carranza de la Garza (; 29 December 1859 – 21 May 1920) was a Mexican wealthy land owner and politician who was Governor of Coahuila when the constitutionally elected president Francisco I. Madero was overthrown in a February ...
formed a Constituent Congress, which met in
Querétaro and enacted the still-current
Political Constitution of the United Mexican States
The Constitution of Mexico, formally the Political Constitution of the United Mexican States ( es, Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in th ...
of 1917.
Nepal
Nepal had two
Constituent assemblies
Constituent or constituency may refer to:
Politics
* An individual voter within an electoral district, state, community, or organization
* Advocacy group or constituency
* Constituent assembly
* Constituencies of Namibia
Other meanings
* Const ...
, 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.
Poland
The Great Sejm (also known as ''Four-Year Sejm'') was held between 1788 and 1792. Its principal aim became to restore sovereignty to, and reform, the
federative Polish-Lithuanian Commonwealth politically and economically. These attempts were made by writing
Constitution of 3 May 1791
The Constitution of 3 May 1791,; lt, Gegužės trečiosios konstitucija titled the Governance Act, was a constitution adopted by the Great Sejm ("Four-Year Sejm", meeting in 1788–1792) for the Polish–Lithuanian Commonwealth, a dual mo ...
that was designed to redress long-standing political defects of the Commonwealth and its system of
Golden Liberties
Golden Liberty ( la, Aurea Libertas; pl, Złota Wolność, lt, Auksinė laisvė), sometimes referred to as Golden Freedoms, Nobles' Democracy or Nobles' Commonwealth ( pl, Rzeczpospolita Szlachecka or ''Złota wolność szlachecka'') was a po ...
. The constitution lasted for merely a year because of the
Polish-Russian War of 1792 and the
Third Partition of Poland
The Third Partition of Poland (1795) was the last in a series of the Partitions of Poland–Lithuania and the land of the Polish–Lithuanian Commonwealth among Prussia, the Habsburg monarchy, and the Russian Empire which effectively ended Polish ...
.
Philippines
The Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
has had several conventions:
* 1898 - drafted the 1898
Malolos Constitution
The Political Constitution of 1899 ( es, Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as ...
, the basic law of the
First Philippine Republic
The Philippine Republic ( es, República Filipina), now officially known as the First Philippine Republic, also referred to by historians as the Malolos Republic, was established in Malolos, Bulacan during the Philippine Revolution against ...
, the first constitutional republic in Asia. The drafted constitution was written by
Felipe Calderón y Roca and Felipe Buencamino as an alternative to a pair of proposals to the
Malolos Congress
The Malolos Congress (also known as the Revolutionary Congress), formally known as the National Assembly, was the legislative body of the Revolutionary Government of the Philippines. Members were chosen in the elections held from June 23 to Septe ...
by
Apolinario Mabini
Apolinario Mabini y Maranan (, July 23, 1864 – May 13, 1903) was a Filipino revolutionary leader, educator, lawyer, and statesman who served first as a legal and constitutional adviser to the Revolutionary Government, and then as the firs ...
and
Pedro Paterno
Pedro Alejandro Paterno y de Vera IgnacioGarcía Castellón, Manuel. (February 27, 1857 – April 26, 1911, 993 pages) was a Filipino politician infamous for being a turncoat. He was also a poet and a novelist.
His intervention on behalf of th ...
. After a lengthy debate in the latter part of 1898, it was enacted on 21 January 1899.
* 1935 – to draft a constitution to create the autonomous
Commonwealth of the Philippines
The Commonwealth of the Philippines ( es, Commonwealth de Filipinas or ; tl, Komonwelt ng Pilipinas) was the administrative body that governed the Philippines from 1935 to 1946, aside from a period of exile in the Second World War from 1942 ...
under the U.S.
Tydings–McDuffie Act
The Tydings–McDuffie Act, officially the Philippine Independence Act (), is an Act of Congress that established the process for the Philippines, then an American territory, to become an independent country after a ten-year transition period. ...
. The constitution was also used in the 3rd Republic (1946) until the passage of the 1973 constitution. Members were elected through the
1934 Philippine Constitutional Convention election
Election of delegates to the 1934 Philippine Constitutional Convention was held on July 10, 1934, in accordance with the Tydings-McDuffie Act.
The Convention drafted the 1935 Constitution, which was the basic law of the Philippines under the ...
* 1971 – to draft a revised constitution to replace the old U.S.
1935 Philippine constitution. Members were elected through the
1970 Philippine Constitutional Convention election. The system of government changed from presidential to parliamentary to presidential-parliamentary (in 1984 amendment). The constitution lasted until the downfall of
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
in 1986 and
Corazon Aquino
Maria Corazon "Cory" Sumulong Cojuangco-Aquino (; ; January 25, 1933 – August 1, 2009) was a Filipina politician who served as the 11th president of the Philippines from 1986 to 1992. She was the most prominent figure of the 1986 People P ...
appointed members to draft the 1987 Constitution through a
Constitutional Commission
Many entities have been called a Constitutional Commission with the general purpose of reviewing a constitution, or planning to create one.
Afghanistan
* Afghan Constitution Commission
** Timeline of the War in Afghanistan (August 2003)
* Reigns ...
.
Russia
The
Russian Constituent Assembly
The All Russian Constituent Assembly (Всероссийское Учредительное собрание, Vserossiyskoye Uchreditelnoye sobraniye) was a constituent assembly convened in Russia after the October Revolution of 1917. It met fo ...
was established in
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
in the wake of the
October Revolution
The October Revolution,. officially known as the Great October Socialist Revolution. in the Soviet Union, also known as the Bolshevik Revolution, was a revolution in Russia led by the Bolshevik Party of Vladimir Lenin that was a key moment ...
of 1917 to form a new constitution after the overthrow of the
Russian Provisional Government
The Russian Provisional Government ( rus, Временное правительство России, Vremennoye pravitel'stvo Rossii) was a provisional government of the Russian Republic, announced two days before and established immediately ...
.
Sri Lanka
The Sri Lankan Parliament approved the creation of a
Sri Lankan Constitutional Assembly on March 9, 2016, proposed by
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Ranil Wickramasinghe
Ranil Wickremesinghe ( si, රනිල් වික්රමසිංහ, ta, ரணில் விக்கிரமசிங்க; born 24 March 1949) is a Sri Lankan politician who is the current president of Sri Lanka since 21 July 2 ...
. The assembly will draft a new constitution for
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
.
Turkey
Constituent Assembly of Turkey The Constituent Assembly of Turkey ( tr, TBMM 1961 Kurucu Meclisi), also called the Chamber of Deputies, existed from 6 January 1961 to 24 October 1961. It was established by the military rule of 1960 Turkish coup d'état. About half of the members ...
was established in 1961 after the
1960 Turkish coup d'état to prepare a democratic
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. The constitution was prepared and approved by the voters in a referendum of 1961.
United States
Federal
![Scene at the Signing of the Constitution of the United States](https://upload.wikimedia.org/wikipedia/commons/9/9d/Scene_at_the_Signing_of_the_Constitution_of_the_United_States.jpg)
The
U.S. Constitutional Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention f ...
drafted the still-current
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
in 1787. Its delegates were appointed by the states, not directly elected, and not all states sent delegates; moreover, the convention was originally charged with drafting amendments to the
Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
rather than a new constitution.
The US Constitution contains no provision for its own replacement (and because of the presence of
entrenched clauses
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of th ...
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
![1830VAConstConv01](https://upload.wikimedia.org/wikipedia/commons/d/dd/1830VAConstConv01.jpg)
A long tradition in the use of constituent assemblies exists at the state level of
Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
. 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.
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. 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 tate
Tate is an institution that houses, in a network of four art galleries, the United Kingdom's national collection of British art, and international modern and contemporary art. It is not a government institution, but its main sponsor is the U ...
constitutions that gave them their legitimacy, not whether they used procedures that matched what was later understood to be necessary to create fundamental law."
American state constituent assemblies in the 19th and 20th centuries reflected many qualities of a citizen's movement. From the start of state American constitution-making, delegates to constitutional conventions studied earlier state models of constitutions. They often self-consciously "borrow
d 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. 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.
In the end, a common law of constituent power emerged which held that elected constituent assemblies had limited powers.
Several
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s have held multiple conventions over the years to change their particular
state's constitutions.
*
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
has held four, in 1820, 1865, 1875 and 1945.
*
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
has held four, in 1835, 1850, 1908 and 1963.
*
has held six, in
1778,
1779–80, 1820–21,
1853, 1917–18, and most recently 2016.
* 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
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
'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
The Virginia Conventions have been the assemblies of delegates elected for the purpose of establishing constitutions of fundamental law for the Commonwealth of Virginia superior to General Assembly legislation. Their constitutions and subseque ...
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.
State Constitutional Conventions
All 50 states have had a Constitutional Convention, numbering at least 230 in total.
Countries without an entrenched constitution
A few countries do not have an
entrenched constitution which can be amended by normal legislative procedures; the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
and
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
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:
*
Northern Ireland Constitutional Convention
The Northern Ireland Constitutional Convention (NICC) was an elected body set up in 1975 by the United Kingdom Labour government of Harold Wilson as an attempt to deal with constitutional issues surrounding the status of Northern Ireland.
F ...
(1975–1976) – a failed attempt to find a solution to the status of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.
*
Scottish Constitutional Convention
The Scottish Constitutional Convention (SCC) was an association of Scottish political parties, churches and other civic groups, that developed a framework for Scottish devolution. It is credited as having paved the way for the establishment of t ...
(1989) – produced a plan for Scottish
devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
.
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
The Knesset ( he, הַכְּנֶסֶת ; "gathering" or "assembly") is the unicameral legislature of Israel. As the supreme state body, the Knesset is sovereign and thus has complete control of the entirety of the Israeli government (with ...
which, since 1949, serves as the country's ongoing constituent assembly. The Knesset has the power to create
Basic Laws of Israel
The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and section ...
, laws which are entrenched legislation and will become part of a "future" constitution of Israel, as well as "regular" statutory legislation.
See also
*
List of constituent assemblies
This is an incomplete list of constituent assemblies:
}) , , , , 1917-1918 , , Elected 29 November 1917 and dissolved due to the Soviet–Ukrainian War
, -
, Constituent Assembly''Assemblée constituante'' , , , , 1918–1919 , ,
, -
, ...
*
Convention parliament
*
Constituent Cortes
The Constituent Cortes ( es, Las Cortes Constituyentes) is the description of Spain's parliament, the Cortes, when convened as a constituent assembly.
In the 20th century, only one Constituent Cortes was officially opened (Cortes are "opened" in ...
*
National Constituent Assembly (disambiguation) National Constituent Assembly may refer to:
* Constituent assembly, a body of representatives assembled to draft or adopt a constitution
Specific assemblies
:(''alphabetical by country or state'') A – C
* 1972 Bahraini Constituent Assembly elect ...
*
Third Dáil
The Third Dáil was elected at the general election held on 16 June 1922. This election was required to be held under the Anglo-Irish Treaty signed on 6 December 1921. It first met on 9 September and until 6 December 1922, it was the Provisio ...
, also called the Constituent Assembly
References
{{Authority control
American constitutional conventions