The Role of Constitution Building Processes in Democratization - “Who Should Harvest the Fruits of Victory? Constitution Building in Timor-Leste.”

This case study report was written by Randall Garrison in 2005, published by International IDEA . In order to understand how the contest for power in newly independent Timor-Leste has played out through the constitution building process it is necessary to consider the context within which the constitution building process came about. This requires a consideration of the history of colonialism and decolonisation in Timor-Leste as both had unusual characteristics. It will then be possible to consider whether the necessary prerequisites were in place for an effective constitution building process in the period 2000 to 2002. The degree of legitimacy and public support for any new constitution are critically affected by decisions about the time frame of the constitution building process, about who is to make key decisions, and about what the extent of political participation will be. Without a high degree of legitimacy and public support a new constitution is unlikely to result in a sustainable democratic order. These questions of legitimacy and public support are critical in newly independent Timor-Leste where the divisions which have emerged clearly have the potential to overwhelm the new constitution and make it a vehicle for exacerbating rather than containing social and political conflict.