Post-Conflict Constitution Drafter’s Handbook

The Public International Law & Policy Group's (PILPG's) Post-Conflict Constitution Drafter's Handbook is a comprehensive guide for drafters of constitutions in post-conflict situations. Drawing from PILPG's experience in facilitating post-conflict constitutional drafting, this Handbook is based upon comparative analysis of over 150 constitutions, 85 of which have been drafted within the past 20 years. It is intended to assist drafters, mediators, negotiators, and anyone else interested in the substantive and practical contents contained in constitutions draft post-conflict constitutions efficiently and effectively.

The Handbook sets out for the drafter the essential components found in the majority of constitutions, and the most common options under each component. It then provides numerous sample language options for drafters to incorporate into their constitutions. However, every post-conflict situation is unique and the drafter may have to make adjustments to certain elements to enhance the agreement's relevancy and applicability to a particular conflict. Therefore, each section should be considered as ad hoc; reshaping the elements address the nuances of each situation will be necessary. Similarly, the comparative provisions and sample language provided in the Handbook are by no means exclusive, recommended, or mandatory. The purpose of the Handbook is to assist a drafter in preparing a thorough, long-lasting constitution by drawing upon the provisions from other ratified constitutions.

The Handbook divides the core provisions commonly found in post-conflict constitutions into individual chapters.The chapters include: Preamble Provisions, State Structure and Devolution of Powers, the Executive, the Legislature, the Judiciary, Electoral System, Financial Matters and the Central Bank, Human Rights, Minority Rights, Women's Rights, Defense and Security, the Role of Religion, Natural Resources, and Extraordinary Measures.