Constituent assembly
A body assembled to draft or revise a constitution.
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members may be elected by popular vote, drawn by sortition, appointed, or some combination. Assemblies are typically distinct from a regular legislature, though legislators may compose a significant number or all of its members. A constituent assembly is usually set up for a specific purpose, carried out in a relatively short time, after which the assembly is dissolved. It is a form of representative democracy.
- field
- Constitution-making body
- known_for
- Drafting or revising a constitution
- type
- Representative assembly
- methods_of_selection
- Elected by popular vote, drawn by sortition, appointed, or combination
- duration
- Usually short-term, dissolved after task completion
Lore & Background
Constituent assemblies create constitutions through internally imposed actions, as members are themselves citizens, not necessarily political leaders, of the country for which they are creating a constitution. As described by Columbia University Social Sciences Professor Jon Elster, constitutions arise in different ways, from a sovereign lawgiver at the non-democratic extreme to a constituent assembly elected by universal suffrage solely for writing a new constitution at the democratic extreme, with intermediate arrangements in between. Unlike forms of constitution-making where a constitution is unilaterally imposed by a sovereign lawmaker, the constituent assembly's work is internally imposed.
Reader's Guide
Constituent assemblies have been used historically in many countries to establish or revise fundamental laws. The Constituent Assembly of India, elected indirectly by provincial legislative assembly members, wrote the Constitution of India and served as its first Parliament. The European Convention drafted a Constitution for Europe that was abandoned after rejection in referendums. Constituent assemblies thus represent a democratic method of constitution-making, though their outcomes and legitimacy can be subject to dispute.
Did You Know?
- Members of a constituent assembly may be elected by popular vote, drawn by sortition, appointed, or some combination.
- The European Convention drafted a Constitution for Europe that was abandoned after being rejected in French and Dutch referendums.
Frequently Asked Questions
What is a constituent assembly?
It is a temporary representative body convened specifically to draft a new constitution or substantially revise an existing one. It also goes by names like constitutional convention or constitutional congress, but all refer to the same constitution-making function.
How are members of a constituent assembly selected?
There is no single universal method; members may be elected by popular vote, chosen by random drawing (sortition), appointed by an authority, or selected through a combination of these approaches. The selection mechanism is typically defined by the political context that calls the assembly into being.
How long does a constituent assembly typically last?
It is designed as a short-term body that dissolves once its drafting or revision task is completed. Unlike a standing parliament, it does not continue to operate indefinitely after its constitution-making work is done.
How does a constituent assembly differ from a regular legislature?
A constituent assembly is created for one specific purpose and a limited timeframe, whereas a regular legislature handles ongoing, broad governance. In practice, sitting legislators may make up a large share or even the entirety of the assembly's membership, but the assembly's mandate and lifespan remain distinct.
Why is the concept of a constituent assembly important in constitutional law?
It provides a dedicated, legitimate mechanism for a people to create or fundamentally reshape their foundational legal document outside the normal legislative process. Its temporary, purpose-built nature underscores that constitution-making is treated as a distinct act from ordinary lawmaking.
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