Australia Australia held four constitutional conventions, one each in 1891, 1897, 1973, and
1998.
Bangladesh The
Constituent Assembly of Bangladesh was the first and, to date, the only constitution-making body of
Bangladesh, convened in 1972 by the government of
Sheikh Mujibur Rahman following the country's independence. It comprised representatives elected in the national and provincial council elections of
Pakistan held in 1970. As the assembly was formed with representatives elected under the
Legal Framework Order, 1970, issued by Pakistan's then-military ruler and President
Yahya Khan, several political parties and political leaders, including
Maulana Abdul Hamid Khan Bhashani,
Badruddin Umar,
A.S.M. Abdur Rab,
Farhad Mazhar, and others, have labeled this assembly as illegitimate. However, despite the controversies and opposition, Sheikh Mujib's uncompromising leadership enabled the Constituent Assembly to draft and enact the
Constitution in less than a year. However, from the time of its drafting until today, the constitution has been often labelled as "
fascist" and criticized for fostering
autocracy and failing to adequately safeguard
human rights. In the aftermath of
Non-cooperation movement (2024), the
Interim government of Bangladesh is mulling over convening a new constituent assembly to draft a new inclusive democratic constitution, ensuring the inviolability of human dignity.
Chile As of May 2021 Chile is the most recently elected constitutional assembly. The 155 members of this assembly were
elected between 15 and 16 May 2021. The assembly has gender parity (50% females and 50% males) and has 17 seats reserved for people belonging to indigenous peoples. The assembly is granted 12 months to draft a new constitution, which has to be ratified by referendum once written, with
compulsory voting.
Costa Rica Immediately after the
1948 Costa Rican Civil War that overthrew the
Rafael Angel Calderón Government, the leaders of the victorious side called for the
election of a Constituent Assembly in the same year. The Assembly successfully drafted and approved the current
Costa Rican Constitution.
Denmark ''. Painting by
Constantin Hansen (1864). The
Danish Constituent Assembly (; lit.
The Constitution giving Assembly of the Realm) of 1848 established the
Constitution of Denmark in 1849 (; lit.
The Constitutional Act of the Realm of Denmark) and formalized the transition from
absolute monarchy to
constitutional monarchy. The assembly consisted of members of which 114 were directly elected in October 1848, 38 were appointed by the king and the rest were government ministers. The constituent assembly met at
Christiansborg Palace in
Copenhagen and first met on 23 October 1848. The assembly was overall split in three different groupings: the
National liberals, the Friends of Peasants, and the
Conservatives. A key topic for discussion was the political system, and the rules governing elections. Today, 5 June is known as
Constitution Day in
Denmark.
European Union The
European Convention (2001) drafted the
Constitution for Europe for approval by the
European Council and ratification by the
member states. This constitution was abandoned after being rejected in
French and
Dutch referendums, and was replaced by the
Treaty of Lisbon in 2007.
France During the
French Revolution (from July 1789 to September 1791) a
National Constituent Assembly () was formed when representatives assembled at the only location available – a tennis court – and swore the
Tennis Court Oath on June 20, 1789, promising that they would not adjourn until they had drafted a new constitution for France.
Louis XVI recognized the validity of the National Constituent Assembly on June 27, 1789. See also
1848 French Constituent Assembly election.
Germany Parlamentarischer Rat (Parliamentary Council) (1948) – Drafted the
Basic Law of the Federal Republic for ratification by the
Länder. This council was not recognized as legitimate by Soviet-occupied
East Germany, which drafted its own constitution in 1949 and would not accept the Basic Law until
German reunification in 1990.
Iceland On 27 November 2010, Iceland held an election for a
constitutional assembly, with 522 people competing for 25 delegate seats. The assembly, in session for four months from early April until late July 2011, drafted a new constitution and passed it unanimously with 25 votes and no abstentions. On 20 October 2012 the parliament put the bill to a national referendum, in which 67% of the voters supported the bill. Further, 67% of the voters supported equal voting rights (one person, one vote) and 83% supported national ownership of natural resources, two key provisions of the bill. Parliament has failed to ratify the bill, however, inviting accusations that the political class is trying to thwart the will of the people by disrespecting the result of the 2012 constitutional referendum.
Ireland In September 1922 the
Third Dáil enacted the
Irish Free State Constitution while "sitting as a Constituent Assembly in this Provisional Parliament". The Dáil had been elected
in June 1922 as a provisional parliament to which the
Provisional Government established in January 1922 was
responsible. When the Free State Constitution
came into force in December 1922, the Third Dáil continued as
the lower house of the
Free State Oireachtas (parliament). Whether the Oireachtas had unlimited power to amend the Constituent Assembly's enactment became a matter of legal and political controversy in the 1930s. The
8th Dáil, elected
in 1933, finalised the draft
Constitution of Ireland in 1937, although the Dáil was seldom described in this context as a "constituent assembly".
Éamon de Valera, the instigator of the 1937 Constitution, stated, "The only way in which you can get a Constitution is to get the people themselves to enact it or get them to elect a Constituent Assembly to enact it". In his view, "the people themselves" enacted the constitution when the Dáil's draft was
approved by a plebiscite on 1 July 1937.
Other Irish constitutional conventions have met. The 2012–2014
Constitutional Convention was a quasi
citizens' assembly which proposed various changes to law; of those involving
amending the constitution, the
then government accepted six, three of which were put to referendum, of which two passed.
India The Constituent Assembly of
India was elected to write the
Constitution of India, and served as its first
Parliament as an independent nation. It was set up as a result of negotiations between the leaders of the
Indian independence movement and members of the British
Cabinet Mission. The constituent assembly was elected indirectly by the members of the Provincial legislative assembly, which existed under the
British Raj. It first met on December 9, 1946, in
Delhi. On August 15, 1947, India became an independent nation, and the Constituent Assembly started functioning as India's Parliament.
Dr. B.R. Ambedkar drafted the Constitution of India in conjunction with the requisite deliberations and debates in the Constituent Assembly. The Assembly approved the Constitution on November 26, 1949 (celebrated as
Constitution Day), and it took effect on January 26, 1950 — a day now commemorated as
Republic Day in India. Once the Constitution took effect, the Constituent Assembly became the Provisional Parliament of India.
Indonesia The Constitutional Assembly of Indonesia was established to draw up a permanent constitution. Its membership was elected in November 1955, and it met for the first time in November 1956. After four sessions, it failed to agree on the fundamental basis for the state. It was dissolved in 1959, and the original constitution imposed by presidential decree.(OTP)
Italy The Constituent Assembly of Italy was established in 1946 in the wake of
Fascist Italy's defeat during World War II. It was elected with universal suffrage, simultaneously with a
referendum about the adoption of Republic or the continuation of monarchy. Voters chose Republic, and the new assembly had the task to approve the new republic governments, as well as to write a new constitution. This was approved on 22 December 1947. It was dissolved on 31 January 1948, to be replaced by the new
Parliament of Italy.
Mexico The
Viceroyalty of New Spain sent deputies to the
Cortes of Cadiz, which enacted the
1812 Constitution. By the time this Constitution was enacted, an insurgency
fighting for independence from Spain was already established. The first Constituent Congress of independent Mexico, known as the
Congress of Anahuac, was first gathered in
Chilpancingo whilst the war of independence was still ongoing. During the opening of Congress,
José María Morelos outlined its program in a document called
Sentimientos de la Nación (Feelings of the Nation), which was the first antecedent of the various Constitutions of Mexico. Being persecuted by
royalist troops, the Congress fled Chilpancingo and gathered in
Apatzingán. On October 22, 1814, the Congress enacted the Constitutional Decree for the Liberty of Mexican America (
Decreto Constitucional para la Libertad de la América Mexicana), known as the
Constitution of Apatzingán. The 1814 Constitution entered into force in the territories dominated by the insurgents, but as the war continued and the first insurgent leaders (like Morelos) were defeated, it was largely forgotten. After independence was consummated on September 27, 1821, and based on the
Plan de Iguala and the
Treaty of Córdoba, the
Provisional Governing Junta was stablished. The Junta proclaimed the
Act of Independence of the Mexican Empire and acted as a
de facto legislative assembly until February 24, 1822, when the Constituent Congress was gathered. On May 19, 1822, the Constituent Congress proclaimed
Agustín de Iturbide as Emperor. The relations between Emperor and Congress were always problematic, a situation that led to the dissolution of Congress by Iturbide on October 31, 1822, without a formal Constitution being enacted. After the dissolution of Congress, Iturbide created the
National Instituent Junta, which enacted the
Provisional Political Bylaws of the Mexican Empire on December 18, 1822. The dissolution of Congress had resulted in an armed revolution under the
Plan de Casa Mata, which called for the establishment of a Federal Republic and for the restoration of the Constituent Congress. Iturbide was forced to abdicate and he reinstalled the Constituent Congress. The Congress then created a provisional government, called the
Triumvirate, and enacted the Constituent Act of the Mexican Federation, by which the former Provinces of Mexico were transformed into free and sovereign States. After this, a Constituent Congress was formed with the participation of the States and it enacted the
1824 Constitution. Many disputes aroused between federalists and centralists, which resulted in political instability and in 1836 the
Siete Leyes (Seven Laws) were enacted. The
Siete Leyes dissolved the federation and created a unitary republic, but that ended in 1846 when the Constitutive and Reforms Act was enacted and the 1824 Constitution, and thus the federation, was restored. On October 16, 1854, President
Juan Álvarez, under the
Plan de Ayutla, decreed the formation of another Constituent Congress, which met in 1856. During the presidency of
Ignacio Comonfort, the Constituent Congress enacted the
1857 Constitution, which was liberal in character. The Constitution was not well received by the church and Mexican conservatives, and the
Plan de Tacubaya called for its derogation. This events led to the
Reform War, which the liberals won, then restoring the 1857 Constitution and adding to it the
Reform Laws. After the
Porfiriato, and whilst the
Mexican Revolution was still being fought, President
Venustiano Carranza formed a Constituent Congress, which met in
Querétaro and enacted the still-current
Political Constitution of the United Mexican States of 1917.
Nepal Nepal had two
Constituent assemblies, the last one being elected after its
predecessor failed to deliver a constitution, despite multiple extensions. It also served as the country's parliament. Finally Nepal had made constitution with 89% majority. Nepal has adopted
federalism since.
Poland The Great Sejm (also known as
Four-Year Sejm) was held between 1788 and 1792. Its principal aim became to restore sovereignty to, and reform, the
federative Polish-Lithuanian Commonwealth politically and economically. These attempts were made by writing
Constitution of 3 May 1791 that was designed to redress long-standing political defects of the Commonwealth and its system of
Golden Liberties. The constitution lasted for merely a year because of the
Polish-Russian War of 1792 and the
Third Partition of Poland.
Philippines The Philippines has had several conventions: • 1898 – drafted the 1898
Malolos Constitution, the basic law of the
First Philippine Republic, the first constitutional republic in Asia. The drafted constitution was written by
Felipe Calderón y Roca and Felipe Buencamino as an alternative to a pair of proposals to the
Malolos Congress by
Apolinario Mabini and
Pedro Paterno. After a lengthy debate in the latter part of 1898, it was enacted on 21 January 1899. • 1935 – to draft a constitution to create the autonomous
Commonwealth of the Philippines under the U.S.
Tydings–McDuffie Act. The constitution was also used in the 3rd Republic (1946) until the passage of the 1973 constitution. Members were elected through the
1934 Philippine Constitutional Convention election • 1971 – to draft a revised constitution to replace the old U.S.
1935 Philippine constitution. Members were elected through the
1970 Philippine Constitutional Convention election. The system of government changed from presidential to parliamentary to presidential-parliamentary (in 1984 amendment). • 1986 – The ex-constitution lasted until the downfall of
Ferdinand Marcos in 1986 and
Corazon Aquino appointed members to draft the 1987 Constitution through the
1986 Commission.
Russia The
Russian Constituent Assembly was established in
Russia in the wake of the
October Revolution of 1917 to form a new constitution after the overthrow of the
Russian Provisional Government.
Sri Lanka The Sri Lankan Parliament approved the creation of a
Sri Lanka Constitutional Assembly on March 9, 2016, proposed by
Prime Minister Ranil Wickramasinghe. The assembly will draft a new constitution for
Sri Lanka.
Turkey Constituent Assembly of Turkey was established in 1961 after the
1960 Turkish coup d'état to prepare a democratic
constitution. The constitution was prepared and approved by the voters in a referendum of 1961.
United States Federal '', by
Howard Chandler Christy (1940) The
U.S. Constitutional Convention drafted the still-current
United States Constitution in 1787. Its delegates were appointed by the states, not directly elected, and not all states sent delegates; moreover, the convention was originally charged with drafting amendments to the
Articles of Confederation rather than a new constitution. The US Constitution contains no provision for its own replacement (and because of the presence of
entrenched clauses it cannot be revoked through an amendment).
Article V of the Constitution does permit Congress to appoint a
national constitutional convention to propose amendments but it has never done so. While Congress has the option to submit both its own proposals for amendments and those of a national convention to
state conventions rather than the state legislatures for ratification; this process has been used only once (for the
Twenty-first Amendment).
States A long tradition in the use of constituent assemblies exists at the state level of
Constitutionalism. In fact, constituent assemblies met in the states before the formation of the Federal Constitution in 1787 as well as after its ratification. Since 1776 nearly 150 state constitutional conventions have met to draft or revise state constitutions. These early state constitutional conventions frequently did not use procedural steps like popular ratification that became commonplace in the mid-19th century. Yet they were considered to be constituent assemblies that exercised their authority as that of the people. As ''American Sovereigns: The People and America's Constitutional Tradition Before the Civil War'' by Christian G. Fritz notes:. "A legitimate constitution depended on whether the sovereign people authorized it, not whether a particular procedure was used or whether revolutionary conventions were free of other responsibilities, such as passing ordinary legislation. It was the people as the sovereign who authorized drafting those first [state] constitutions that gave them their legitimacy, not whether they used procedures that matched what was later understood to be necessary to create fundamental law." American state constituent assemblies in the 19th and 20th centuries reflected many qualities of a citizen's movement. From the start of state American constitution-making, delegates to constitutional conventions studied earlier state models of constitutions. They often self-consciously "borrow[ed]" constitutional text and provisions from other states. They often used in their drafting and debates compact and pocket-sized compilations of all the existing American constitutions, so that the constituent's assembly could draw upon the latest in constitutional design. The powers of these state constituent assemblies were also highly contested, with some claiming that they had unlimited legal power and others claiming that they must operate within the pre-existing legal landscape. In the end, a common law of constituent power emerged which held that elected constituent assemblies had limited powers. in 1820, 1845, 1865, 1875, 1922, and 1945. •
Michigan has held four, in 1835, 1850, 1908 and 1963. •
Massachusetts has held six, in
1778,
1779–80, 1820–21,
1853, 1917–18, and most recently 2016. • The
Constitution of New York has been amended, or re-established de novo, through nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. •
Vermont's
first constitution was drafted by a convention that met in July 1777 and revised by a convention that met in 1786, both of these conventions occurring when Vermont was still independent of the United States. Vermont was
admitted into the United States in 1791 and its government continued to function under the 1786 constitution. Two years later in 1793 held another convention to bring some provisions of its constitution into line with the Constitution of the United States. •
Virginia Conventions have included six unlimited meetings. Constitutions were promulgated by fiat in 1776, 1864 and 1901–02, and ratified by referendum in 1829–30, 1850, and 1868. Limited Conventions and Constitutional Commissions resulting in revisions were held in 1927, 1945, 1956 and 1968. Subsequently, the state legislature proposes amendments that are ratified in popular referendum.
State constitutional conventions All 50 states have had at least one Constitutional Convention, numbering over 233. 11 were illegal and defeated by arms (
Confederacy and
Dorr's Rebellion). 12 were illegal and won through arms (
Revolutionary War,
Republic of Texas, and
Vermont Republic). 37 were made in accordance with a Federal enabling law.
Legislative restrictions surpassed State legislatures put restrictions on conventions that were not followed in these cases. • Georgia 1789 proposed alternatives instead of accepting or rejecting a constitution. • Illinois 1862 and 1869 disregarded a requirement for an oath. • New York 1867 worked past its deadline and submitted its work later. • Pennsylvania 1872 against restriction altered the Bill of Rights. • Alabama 1901 increase delegate pay above limit. • Michigan 1908 submitted its work in November not April. == Countries without an entrenched constitution ==