CSCE/SEDIO.3
single overall approach to the institutions and procedures of democratic government could be considered as having universal validity.
The issue of constitutional reforms was discussed from a
variety of points of view, covering the technical aspects of the
reform process as well as questions of substance. On matters of
substance, exchanges concentrated on the separation of powers, and on constitutional or statutory guarantees for human rights and
fundamental freedoms.
Particular emphasis was given in the discussions of the
meeting to the ongoing efforts of the new democracies to create a
political and legal infrastructure assuring the realization of
pluralist democracy, human rights and the rule of law. In that
context, a number of requirements, often conflicting, were
identified.
It was a central theme that the new democracies are faced contemporaneously with an urgent need to mark the break with the
former non-democratic system in an appropriate legal form, to assure stability in institutions, and effective implementation of policies as well as sound and fair administrative practices.
It was recognized that sweeping constitutional reforms touch the very foundations of a nation, and therefore warrant thorough analysis and discussion. On the other hand, fundamental political changes called for a swift follow-up in terms of constitutional reform. A decision on a definitive new constitution, adopted before a society has fully clarified and developed its vision of democratic government, might have to be reconsidered before long. Experts considered that in such a situation, a balance might be found, by providing for constitutional amendment procedures that allow for modifications, while entrenching certain basic provisions such as those relating to human rights, fundamental freedoms and the rule of law.
Experts discussed the composition and nature of the body empowered to draft a new constitution and the modalities for its
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