A COMPARATIVE ASSESSMENT OF THE LEGAL AND INSTITUTIONAL INSTRUMENTS FOR CONSTITUTION MAKING

Abstract

In modern times, constitutional outcome will be more sustainable if citizens are accorded equal participation in its creation. As such, constitution making has now become the foundation of every democratic governance. The formal endorsement of democracy and its diffusion into many international conventions and emerging national constitutions has extended beyond the traditional connotation of the term to the realms of constitution making. Many textual authorities have now evolved in international law which reinforces the nexus between democracy, democratization, constitutionalism and constitution making by reinforcing and establishing minimum obligation to participate in public affairs. This paper shall examine some textual authorities in international, regional and municipal laws which reinforce the doctrine of public participation as condition precedent for every constitution making process.