Constituent assembly

A constituent assembly—sometimes called a constitutional convention, congress, or assembly—is a group convened specifically to write or revise a constitution. Its members can be chosen through popular elections, sortition (random selection), appointments, or a mix of these methods. While it is generally separate from a regular legislature, lawmakers may make up many or even all of its members. Because a constitution is a state’s foundational document, some jurisdictions forbid changing it through normal legislative processes; instead, a constituent assembly or convention, whose rules are usually set out in the existing constitution, must be formed. Such an assembly is created for a particular task, completes it in a relatively short period, and is then dissolved. It operates as a form of representative democracy.

Unlike situations where a constitution is imposed unilaterally by a sovereign ruler, a constituent assembly creates a constitution through “internally imposed” actions: its members are citizens of the country—not necessarily its political leaders. As Columbia University Professor Jon Elster explains, constitutions arise in various ways. At the non-democratic extreme, a sovereign lawgiver sets the constitution for all future generations. At the democratic extreme, a constituent assembly elected by universal suffrage exists solely to write a new constitution. Many intermediate arrangements also exist.

**By country**

**Australia** Australia has held four constitutional conventions: in 1891, 1897, 1973, and 1998.

**Bangladesh** The Constituent Assembly of Bangladesh was the country’s first and only constitution-making body. It was convened in 1972 by Sheikh Mujibur Rahman’s government after independence, drawing its members from those elected in Pakistan’s 1970 national and provincial council elections. Because those elections were held under the Legal Framework Order issued by Pakistan’s military ruler Yahya Khan, several political figures—including Maulana Abdul Hamid Khan Bhashani, Badruddin Umar, A.S.M. Abdur Rab, and Farhad Mazhar—considered the assembly illegitimate. Despite controversy and opposition, Sheikh Mujib’s leadership allowed the assembly to draft and enact a constitution in under a year. Since its drafting, the constitution has often been called “fascist” and criticized for encouraging autocracy and failing to protect human rights. Following the 2024 Non-cooperation movement, Bangladesh’s interim government is considering convening a new constituent assembly to draft an inclusive democratic constitution that guarantees human dignity.

**Chile** As of May 2021, Chile had the most recently elected constitutional assembly. Its 155 members were elected on May 15–16, 2021. The assembly has gender parity (50% women, 50% men) and reserves 17 seats for indigenous peoples. It was given 12 months to draft a new constitution, which must then be ratified by a referendum with compulsory voting.

**Costa Rica** Right after the 1948 Costa Rican Civil War, which overthrew the government of Rafael Ángel Calderón, the victorious leaders called for a Constituent Assembly election that same year. The assembly successfully drafted and approved the current Costa Rican constitution.

**Denmark** The Danish Constituent Assembly (in Danish, *Den Grundlovgivende Rigsforsamling*) met in 1848 to establish Denmark’s 1849 constitution, formalizing the shift from absolute monarchy to constitutional monarchy. Of its members, 114 were directly elected in October 1848, 38 were appointed by the king, and the rest were government ministers. The assembly convened at Christiansborg Palace in Copenhagen on October 23, 1848. It was split into three main groups: the National Liberals, the Friends of Peasants, and the Conservatives. A key debate concerned the political system and election rules. On May 25, 1849, the assembly approved the new constitution, and King Frederick VII signed it on June 5, 1849—hence its name, the June Constitution. Today, June 5 is celebrated as Constitution Day in Denmark.

**European Union** The European Convention (2001) drafted a Constitution for Europe, which was to be approved by the European Council and ratified by member states. This constitution was abandoned after French and Dutch referendums rejected it, and it was replaced by the Treaty of Lisbon in 2007.

**France** During the French Revolution (July 1789 to September 1791), a National Constituent Assembly formed when representatives, meeting at the only available location—a tennis court—swore the Tennis Court Oath on June 20, 1789, promising not to adjourn until they had drafted a new constitution. King Louis XVI recognized the assembly’s validity on June 27, 1789.

**Germany** The *Parlamentarischer Rat* (Parliamentary Council) in 1948 drafted the Basic Law for the Federal Republic of Germany.