Development of the Constitution

The new constitution is usually taken when a new state, the change of political regimes (especially as a result of the revolutionary events), with significant changes in the social order, if the text of the old constitution can not be brought into line with them through amendments.

However, in many developing countries, and not only in developing countries, the adoption of new (especially time) constitution was associated with military coups, with the coming to power of a new group of people that did not alter significantly the social system and political system, with subjective and sometimes voluntarist factors (e.g. in Africa). Therefore, in some countries the constitution replaced with new ones at a mean of five - seven years, and even more often (Venezuela, Ghana, Yemen, Thailand, etc.).

There are different ways of preparing the draft constitution. In rare cases, a project from beginning to end is created specially formed constituent assembly or a functioning parliament. In these cases, usually plays a leading role constitutional committee (commission) that is created by the representative body and actually developing a project. In some cases, the role of a constituent assembly or parliament in the preparation of the project and during its plenary meetings can be very significant. So it was in the Constitution of Italy in 1947, India in 1949, Brazil in 1988, Bulgaria in 1991, etc.

In some countries, the constitutional commission to draft a basic law created not by representative bodies, and the president or the government. These commissions were drafted constitutions of France in 1958 (and then passed on to the referendum, bypassing parliament), Greece in 1975 in West Germany in 1949 draft constitution was prepared by the Parliamentary Council (most of the work conducted by Professor of Constitutional Law), consisting of representatives of regional parliaments , and approved by the command of the occupying forces.

In Algeria, the draft constitution in 1989 produced a group of advisers to the president, and he was also the subject of a referendum (the constitution is replaced by another in 1996). After the military coup of new projects being developed constitutions or basic provisions usually formulated by military governments (for example, the constitution of Turkey in 1982, Nigeria in 1989), but the draft constitution of Fiji after the 1990 coup has prepared this is basically a group of tribal leaders.

In granting the colonies independence constitutions of the new projects are developed by the Ministry of Colonies (Nigeria, 1964, and thereafter have the foundation, although originally formed, with meetings in Nigeria have adopted other constitutions), local authorities, with the participation of advisors metropolis (eg, the constitution of Madagascar in 1960 ), in the course of negotiations on the "round table", in which representatives of the colonial power and the leaders of the national liberation movement (Zimbabwe, 1979)..

In the transition from a totalitarian to a liberal, semi-democratic, democratic regimes of the constitution or fundamental provisions (including the new edition) were developed at a national conference of representatives of different parties and different forces of society, at the meetings of citizens' committees, "round tables", etc. The participants were representatives of parties (communist, revolutionary-democratic, pro-bourgeois-authoritarian), graduating from the dominant role of the leaders of the outgoing modes (Hungary, Czech Republic, Congo, Zaire, etc.).

In the countries of totalitarian socialism and the socialist-oriented countries, and occasionally in other states prepare project has its own characteristics. First, it is initiated by the central governing body (usually the only) party, which creates a commission (it is approved by parliament, and sometimes acts without such approval), sets out the basic principles of the future constitution, discusses the project and make a decision about his presentation parliament or by referendum.

Since the constitution were developed almost all the countries of totalitarian socialism (Cuba in 1976, China in 1982, Vietnam in 1992, and others), the socialist-oriented in the past (Benin in 1977, Ethiopia in 1987 and others).

Second, the draft prepared by the Commission and approved by the top party body is brought to the nation-wide discussion with active participation in the mass organizations. Usually hosts many meetings, sometimes offered thousands of amendments and additions.

Law-creating results of this discussion, as a rule, are not very significant (although the draft Constitution of Benin in 1977, Vietnam in 1980, Ethiopia in 1987, and other countries were introduced significant amendments), and the discussion itself in a number of cases, assumes the character of the front project approval (at least in its basic provisions). However, this stage of constitutional law-making is essential to the political activity of the population, it is a form of partitsipatsii - participation in the governance of the country.

In some states, capitalist orientation and measures were taken in order to familiarize the public with the draft constitution and to take into account his opinion (Papua - New Guinea in 1975, Liberia in 1984, and others). However, the range of people who took part in the discussion is usually limited to the elite of society. In addition, under the provisions of, to bear on the discussion of the project, sometimes it might touch only, not fundamental

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Constitutional law

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