Contributor: ARTHUR BENZ

Changing Federal Constitutions Number 8

Constitutional change can occur through constitutional amendments
or through constitutional evolution. Constitutional amendments take
place in three phases: initiation, negotiation and ratification. Initiators
– usually governments or political leaders – most often initiate reform,
but pressure to do so may come from the regions or from civil society.
When federal or federalizing countries negotiate constitutional
change, representatives from the central government and the regions
are most often involved, but individual actors – experts, members of
parliament, civil servants and civil society representatives can come
from any order of government. Arenas of negotiation can be committees,commissions, conferences or conventions.
Different types of bargaining and arguing can also influence the negotiations positively or negatively. Whether negotiations happen in public or private can influence the outcome, as to when certain actors join the negotiations
process (someone left out until the end can feel that the “deck was
stacked against them.”)

Read more