ABSTRACT

In the past, constitutions were commonly written behind closed doors by a selected group of powerful men (all-male panels). In scenarios of democratization, constituents were directly or indirectly elected. A constitution is expected to represent, embody, and organize the political, economic, and social life of a given community. A constitution founds the political community – when approved by the original constituent power – but at the same time, it needs to be revised and adapted to historical changes and new demands – through derived constituent power. This expresses the constitution’s concrete relevance as well as its symbolic value and at the same time the field of disputes that quite commonly surrounds it. In theory, a constitution represents ‘the will of the people’. The question of who should participate in a constitution-making process directly tackles one of the main deficits of current democracies: the perceived lack of inclusion.