what were the advantage that the constitution assembly had before the making of the constitution
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Answer:
Introduction
With the increase in constitution making around the world, there is a growing interest
in the role of a constituent assembly. The distinguishing characteristic of a constituent
assembly is that it is established to make a constitution, or at least that this is its
primary role. The constituent assembly is still the most common mode of making a
constitution. Unlike past times, a constitution is no longer accepted as an imposition
by a victor or dominant group over others (or a grant by a monarch or a president), or
even that the military would promulgate the constitution (though both these situations
happened in the last few decades—Nigeria’s democratic constitutions of 1979 and
1989 were promulgated by the military, although based to some extent on the work of
constitution commissions and constituent assemblies).
Distinguishing a constituent assembly from other constitution making mechanisms
might suggest that it is a distinct species (with its generally accepted characteristics).
But the fact is that between constituent assemblies there can be (and have been)
enormous differences in the composition, functions and modes of operation. These
differences have a major impact on the manner in which the process of making a
constitution is conducted as well as its orientation and outcome. The paper reviews
these various possibilities, drawing on the experiences of many countries’ constitution
making processes, from the American Convention and the French Assembly of the
1790s to the Kenyan National Constitutional Conference 2001-4 and the Transitional
National Assembly of Iraq 2005.
The constituent assembly must be viewed in the context of the entire process of
making a new constitution. In some countries it has been in charge of the entire
process, but in others it has shared the task with other institutions, including giving
the force of law to the constitution. Therefore when the decision to have a constituent
assembly is made, it is important to focus on its relationship to other aspects of the
constitution making process, even the fundamental question of how to initiate the
reform process and to develop a consensus on institutions and methods. This paper
therefore is not only about the mechanics of a constituent assembly, but also the
context in which it operates and its connections to state, society and other processes.
Part I: The importance of constitution making
In recent decades there has been considerable activity in the making or revision of
constitutions2
. This activity reflects a changed perception of the importance and
1
This paper was commissioned by IDEA (Institute for Democracy and Electoral Assistance). I am
grateful to the University of Hong Kong for the Distinguished Researcher Award which has facilita
Explanation:
Answer:
the advantage that the Constitution assembly had before the making of the Constitution were as follows the assembly was selected that can be favoured to all the people whether they are poor or rich the members of constitution drafting community were both the social evil they were both on the assembly rich and poor so they can make the Constitution who could favoured all the types of people
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