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Definitions: Types of Processes or "Reform Models"
One way to think about constitution writing is to categorize processes by the character of the main deliberative body, the body that developed the final draft.
Constituent Assembly Model
About 17 percent of the countries in our study chose an elected constituent assembly as the main deliberative body in the development of a new constitution. In special elections, candidates compete for seats in this special assembly. Sometimes this step takes place without political party involvement; more often, political parties put up candidates. Constituent assemblies, as well as elected legislatures that draft constitutions, range in size from 22 to 598 delegates and average 207 delegates.
Legislature Model
Instead of sponsoring a special election for a constituent assembly, some countries vest responsibility for deliberation and adoption of a draft in the regular elected legislature. In most cases the legislature operates according to special voting rules, requiring higher majorities.
National Conference Model
A national conference or convention allocates a specified number of seats to delegates from recognized political groups, civic/economic organizations, professional associations, traditional leaders, women, religious communities, etc. A broadly representative organizing committee determines the overall size of the gathering, the sectors represented, and the allocation of delegates among these. Associations within each sector then appoint their own delegates by a mechanism they choose. In most instances all major political parties and human rights organizations play a role. Usually these bodies are large (1,500-3,500 delegates). It is uncommon for a National Conference to serve as the main deliberative body. More often, a National Conference provides advice and helps select either a transitional legislature or a constitutional commission.
Transitional Legislature Model
Small, indirectly elected transitional legislatures are the main deliberative bodies in some instances. Usually the members are indirectly elected by a large national conference. From that point forward they follow the standard legislature model, delegating the development of the initial language to a commission or sub-committee (which may share members with some representatives of the national conference). Ratification is usually by referendum.
Round Tables, Peace Talks, & De-colonization Conferences
In rare instances, meetings among representatives of the incumbent government and major opposition groups become the main forum for the development and debate of a new constitution. These meetings are small, and often they are closed to the public or partly closed. More often meetings in these forums generate immutable principles, interim constitutions, and rules of procedure, leaving development of the final draft in the hands of transitional legislature, constituent assembly, or legislature.
Executive-Directed Constitution Writing
In about 15 percent of the cases in this study, neither elected bodies nor broadly representative national conferences played a formal role in the development of a new constitution. In most of these instances, a committee appointed by the executive developed an initial text for approval either by the central committee of the ruling party, in a single-party system, or by the head of state and his or her cabinet. Some of these approaches opened the process to public consultation while others did not.