CONSTITUTION BUILDING IN POST CONFLICT STATES

One of the key elements of post-conflict peace and post-conflict state building is the creation of a new legal order as an appropriate tool for political and governance transition. In this sense, the adoption of a new constitution after a conflict, especially an armed conflict, and particularly an internal armed conflict, is a main component and necessity of a political transition. Post-conflict constitution-building can certainly provide an opportunity to shape the institutional and governance framework. The Constitution can play in some way, a peace agreement role, but it is surely a framework that sets up the rules by which the state will function in the future. Hence, the adoption of a new constitution by post-conflict states signalizes a clear break with the past. This paper is focused on the constitutional process as one of the main aspects of post-conflict state-building. In this sense, we tried to find adequate answers to several, according to the author’s opinion, relevant questions regarding legal and political processes followed by many challenges and opportunities.