A comparative study of public participation mechanisms in determining the content of the constitution

Document Type : Research Paper

Authors

1 department of law,Faculty of Humanities,university of bojnord

2 assistant professor,University of Gonabad

10.22034/law.2024.57310.3288

Abstract

Legislators and political elites play a major role in deciding the quality and content of the constitution. However, now there are different methods in order to give more effectiveness to the position and role of the people in the determining the content of the constitution, in order to avoid the constitution that only reflects the views of legislators and elites, and the chance of the new constitution having a high degree Improve 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. Also, 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

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 June 2024

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