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Comparative Constitution Building
The specialty and focus in constitution-building is on assisting constitutional actors—be they members of parliament, civil society, or international non-governmental organizations—in creating and ensuring participatory, inclusive, and transparent constitution-writing processes. This through comparative and historical analysis of successful and failed constitutional processes from the past 225 years, from the inception and development of the first constitutional process in the American colonies in 1776 till the most recent processes.
Libertas' constitution-building experience began in Libya and the MENA region. Ms. Toler authored, with the assistance of Danielle Tomson, a series of editorials discussing comparative models for Libya’s constitutional process as it unfolded in real time for the Libya Herald. She also provided private research upon request for members of the Libyan General National Congress, government, and civil society within the country and others in the MENA region. Because of the sensitive nature of this on-going process, Libyan work product will remain confidential for a time.
As part of their work in Libya and in partnership with UNDP and Rashad, Libertas performed an comparative study of eighteen different constitution-writing processes for the first constitution-drafting assembly. A summation of this work was published with the Cambridge Journal of Public and International Law. If you would like a copy, please request it .
As a result of its work for the Libyan Constitution Drafting Assembly, Libertas and others are pursuing funding for a large meta-data project documenting all constitution-writing since 1945 (n~450+) plus a dozen or so important historical constitutions.
If you are interested in helping to fund or work on the above project or currently drafting a constitutional process or constitution and have a question about how other countries have designed and written their constitutions, please submit a question .
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