Constituent Assembly

A constituent assembly (sometimes also known as a constitutional convention or constitutional assembly) is a body composed for the purpose of drafting or adopting a constitution. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures; instead a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved.

Unlike forms of constitution-making in which a constitution is unilaterally imposed by a sovereign lawmaker, the constituent assembly creates a constitution through “internally imposed” actions, in that members of the constituent assembly are themselves citizens, but not necessarily the rulers, of the country for which they are creating a constitution. As described by Columbia University Social Sciences Professor Jon Elster:

Constitutions arise in a number of different ways. At the non-democratic extreme of the spectrum, we may imagine a sovereign lawgiver laying down the constitution for all later generations. At the democratic extreme, we may imagine a constituent assembly elected by universal suffrage for the sole task of writing a new constitution. And there are all sorts of intermediate arrangements.