Rule of Law and Constitution Building - IDEA

Rule of Law and Constitution Building

The Role of Regional Organizations

Rule of Law and Constitution Building

The Role of Regional Organizations

Contributors: Sumit Bisarya Amanda Cats-Baril Sujit Choudhry Raul Cordenillo Nora Hedling Michelle Staggs Kelsall Lorraine Kershaw Kristen Sample Christoph Sperfeldt George Mukundi Wachira Hesham Youssef The Department of Legal Cooperation, Secretariat for Legal Affairs, Organization of American States

Editors: Raul Cordenillo Kristen Sample

International IDEA

? International Institute for Democracy and Electoral Assistance 2014

International IDEA Str?msborg, SE-103 34, STOCKHOLM, SWEDEN Tel: +46 8 698 37 00, fax: +46 8 20 24 22 E-mail: info@idea.int, website: idea.int

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Graphic design by: Turbo Design, Ramallah Cover photo: ? Artist: faith47, photographer: Rowan Pybus Printed in Sweden ISBN: 978-91-87729-63-8

Foreword

The past few years have seen remarkable social movements for democratic change emerge around the world. They have demanded greater justice and dignity, more transparent political processes, a fair share of political power and an end to corruption. In other words, they have demanded democratic societies built on the rule of law.

The rule of law and democracy are interlinked and mutually reinforcing, and they belong to the universal and indivisible core values and principles of the United Nations. This was reaffirmed by the General Assembly in its HighLevel Meeting on the Rule of Law in September 2012. On the same occasion the General Assembly recognized the important role of regional organizations and called on them to support their Member States in strengthening the rule of law.

The rule of law is based on key democratic principles, such as equality before the law, accountability to the law, separation of powers and participation in decision making. Like democracy, the rule of law is a principle of governance anchored in participatory and consultative processes. To be legitimate, laws should be widely consulted and reflective of society's needs and values. A democratically elected parliament and a vibrant and strong civil society provide ideal mechanisms for achieving this.

The importance of inclusive consultations is evident in constitution-making processes. The constitution of a nation represents the social compact between governors and governed. It is the basic law of the land. It affords a unique opportunity to ground a political settlement and build a peaceful future, particularly after years of rupture and chaos, as is often the case in postconflict situations. In order for such hopes to materialize, a constitution needs to be developed and adopted in an open, consultative and democratic way.

International IDEA V

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