1.6 Who does what? A table

Table 2 shows how the tasks that are carried out in a constitution-making process identified and discussed in part 2 may be performed by the variety of bodies and institutions identified and discussed in part 3. It is not necessary to have a particular body to perform a particular task. In the course of this handbook we may sometimes suggest that a certain body is often more suitable than another for a specific task. But we are conscious that national traditions, time and financial pressures, and other factors may limit the choice in a given country. The table is not a prescription—it is merely meant to clarify the relationship between the tasks and the institutions.

To take a few examples from the top rows of table 2:

  • Preparing a road map or timetable for a process could be done by a constituent assembly (if that assembly were in charge of the process). Where a constituent assembly does not exist, or comes late in the process, the road map may be prepared in a law or by the legislature, or it may have been specified in a peace agreement or a “roundtable” process or by the government. Often, civil society and political parties (and sometimes the international community) will have some input—though they do not have the power to make a legally binding road map.
  • Generating ideas for the new constitution is something in which all sectors of society can participate.
  • Developing guiding principles for the process and content of the constitution may be done in different ways. Sometimes a constituent assembly has done this near the beginning of the process. Sometimes principles are laid down in law, or through political agreement (in a peace process or by political parties); civil society again may participate.

 

Table 2: Who does what?

Tasks
Constituent assembly
National conference
Legislature
Roundtable
Constitutional commission
Other bodies
Peace process parties
Special bodies
Experts
Electoral management bodies
Governments and their departments
Courts
Referendums
Civil society
Political parties

Starting the process

            n       n     n n

Road map

n n n       n   n   n     n n

Generating ideas

n n n n n n n n n   n     n n

Guiding principles

n n n n n   n   n   n     n n

Civic education

n n n   n n     n n n     n n

Consultation on draft

n n n   n n     n n n     n n

Other forms of consultation

  n n   n n n               n

Making submissions

            n       n     n n

Receiving and processing views

n n n   n n   n n n n   n n  

Resources management

n n n n n n   n n n       n  

Managing media

n n n n n n   n n n   n      

Managing international actors

n n n n n n   n n            

Making procedural rules

n n n n n n   n     n        

Determining agenda of issues

n n n n n n n n n   n     n n

Making choices on issues

n n n n n n n n n   n   n n  

Dealing with divisive issues (special bodies)

              n       n n   n

Ensuring technical coherence

                n            

Preparing concrete proposals

n n n n n n     n   n        

Technical drafting of text

                n            

Adoption of constitution

n n n n               n n    

Implementation

    n           n   n n   n n

Dealing with problems

              n     n n   n  

Monitoring and evaluation

n n n   n       n   n        

Responding to failed processes

    n n n           n     n n