Constitution Writing & Conflict Resolution
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South Africa 1996

The South African constitution writing process was a response to a civil war arising from minority domination of the political, social, and economic spheres. Leaders from major parties, including combatants, initially met in a highly public setting, to develop constitution making procedures and interim arrangements. They altered procedures to facilitate compromise and in a semi-public setting, they agreed on some basic principles any draft would have to respect, as well as the rules that would govern each stage of subsequent deliberations. The next step was to hold elections for a new national legislature that would double as a constituent assembly. The 490 members of this assembly created technical committees to address specific passages and a drafting committee to oversee the process. After revision, the assembly accepted a text by a 2/3 vote and made the draft available for public comment. A new constitutional court sponsored hearings to determine whether the draft respected the principles outlined in the initial agreement between the warring parties, listening to challenges brought by civic groups and individuals. The court sent the draft back to the assembly, requesting nine revisions. It accepted a modified version of the text.

The details of this process are widely documented.

 

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