University of Tabriz Jurisprudence and Islamic Law 28210891 15 35 2024 06 24 A Comparative Study of Public Participation Instruments in Determining the Content of the Constitution A Comparative Study of Public Participation Instruments in Determining the Content of the Constitution 141 167 19296 10.22034/law.2024.57310.3288 FA Zahra Ameri Assistant Professor, University of Bojnourd, Iran Masoumeh Ameri Assistant Professor, University of Gonabad, Iran Journal Article 2023 06 28 Legislators and political elites play a major role in deciding the quality and content of the Constitution. However, now there are different methods to give more effectiveness to the position and role of the people in determining the content of the constitution, to avoid the constitution that only reflects the views of legislators and elites, strengthen the possibility of drafting and approving a new constitution with a high degree of public legitimacy. The focus of this research, which was done in a library method and with a descriptive-analytical view, is to suggest opportunities to make the process of people's participation more realistic in the stage of determining the content of the Constitution. The findings of the research show that while there is no single model for how to use public participation in the process of determining the content of the constitution, a combination of methods including requests for submissions and comments, Surveys or questionnaires, face-to-face meetings, consultative referendums, and advisory boards can be used according to circumstances to ensure that as many people are given the opportunity to participate. In addition, although public participation in constitution making is today an almost universal norm associated with legitimacy, peace, and democratic outcomes, it also carries risks. If the manner and extent of effectiveness of public votes in determining the content of the law has not been determined legally can undermine the legitimacy of the process and lead to disagreements or challenges in drafting the final text of the law. In order to achieve the best result, it is inevitable to formulate laws that specify the mechanisms and methods of its realization in a transparent manner and by requiring the use of public participation. Legislators and political elites play a major role in deciding the quality and content of the Constitution. However, now there are different methods to give more effectiveness to the position and role of the people in determining the content of the constitution, to avoid the constitution that only reflects the views of legislators and elites, strengthen the possibility of drafting and approving a new constitution with a high degree of public legitimacy. The focus of this research, which was done in a library method and with a descriptive-analytical view, is to suggest opportunities to make the process of people's participation more realistic in the stage of determining the content of the Constitution. The findings of the research show that while there is no single model for how to use public participation in the process of determining the content of the constitution, a combination of methods including requests for submissions and comments, Surveys or questionnaires, face-to-face meetings, consultative referendums, and advisory boards can be used according to circumstances to ensure that as many people are given the opportunity to participate. In addition, although public participation in constitution making is today an almost universal norm associated with legitimacy, peace, and democratic outcomes, it also carries risks. If the manner and extent of effectiveness of public votes in determining the content of the law has not been determined legally can undermine the legitimacy of the process and lead to disagreements or challenges in drafting the final text of the law. In order to achieve the best result, it is inevitable to formulate laws that specify the mechanisms and methods of its realization in a transparent manner and by requiring the use of public participation.

https://law.tabrizu.ac.ir/article_19296_cffdf30474d9b87d7df925d94f0229e4.pdf