03. Comparison of the Constitutional Standard with the “Constitution-Making Power” of the constitutions of various countries

The national and sub-national constitutional powers belong to the people forever, directly and comprehensively.

CS Score Nation Score Reason
§1 100 India 0 The Constituent Assembly was held from 1946 to 1950. The members of the Constituent Assembly were not really elected by universal suffrage. The Indian people did not have much right of speech in formulating the constitution and had no choice but to accept.
§1 100 U.S.A. 100 In May 1787, representatives from 12 of the 13 states (Rhode Island did not send a representative) convened a Constitutional Convention in Philadelphia to draft a new constitution for USA.
§1 100 Indonesia 0 In 1945, the Indonesian leaders set up the Preparatory Committee for Indonesian Independence (PPKI). In the PPKI meeting of Aug. 18, twenty-seven members proposed the constitution. The committee then formally adopted the constitution.
§1 100 Pakistan 0 In 1956, the contribution to the Constitution by legal experts, constitutional analysts and nationally renowned clergy, Preamble to the Constitution—The state shall exercise power and authority through selected representatives of the people.
§1 100 Brazil 60 In 1985, the National Constituent Assembly was approved, and the constitution was drafted by a parliament composed of 559 members. Foreword—The representatives of the Brazilian people convened the National Constituent Assembly...promulgated the following Constitution of the Federal Republic of Brazil.
§1 100 Nigeria 0 Civilian governance was reinstated in 1999 under a presidential system based on a military-conceived constitution that lacked fully enforceable powers.
§1 100 Bangladesh 0 Elected delegates in Jan. 1972 were converted into delegates to the General Assembly of the Constituent Assembly, which became the Provisional Assembly of Bangladesh after the Constitution came into force.
§1 100 Russia 30 In 1990, the Constitutional Committee of the First People’s Congress of Russia was established, and experts from the U.S. and Spain participated in the drafting of the constitution. 1993 Russian President submits for referendum.
§1 100 Mexico 30 Drafted by the Constituent Assembly in Santiago de Queretaro in the state of Queretaro in 1917 during the Mexican Revolution. Approved by the Constituent Assembly on Feb. 5, 1917.
§1 0 Japan 30 Written in 1945 by US civilian officials led by the General Headquarters (GHQ), the final statement was decided at a cabinet meeting, and was proposed and approved by Yoshida Shigeru in 1946.
§1 100 Philippines 60 The Constitutional Council in 1986, composed of 48 members appointed by the President, drafted the constitution, which was approved by a national referendum on Feb. 2, 1987.
§1 100 Egypt 60 In 2013, the interim government headed by the President of the Supreme Constitutional Court, Adéli Mansour, was composed of six senior judges and four constitutional lawyers. The C-10 committee drafted the constitution and submitted it to the C-50 committee (women, military, youth assembly). Passed by referendum in 2014.
§1 100 Ethiopia 60 In 1991, the transitional government established a Constitutional Council of 87 members, inviting selected international constitutional lawyers, political scientists, historians and other experts in the field to submit comments and recommendations on the draft constitution to the Constituent Assembly elected in 1994, to ratify the new constitution.
§1 100 Vietnam 0 The current constitution was passed by the 13th Congress in 2013.
§1 100 DR Congo 60 Drafted by the international community and held in a referendum in 2005 to approve the constitution promulgated by the President in 2006.
§1 100 Iran 30 After the 1979 revolution, religious leaders drafted the theocratic constitution to a congress of 1,358 experts including nearly 73 members of parliament elected to evaluate the constitution, passed a referendum in 1979.
§1 100 Germany 30 In 1948, under the guidance of Western powers, the West German states formed parliamentary committees and began to draft the constitution. The draft was approved by the occupiers in 1949, and the constitution became law.
§1 100 Republic of Turkey 0 The 1982 Constitution was the product of the successful military coup of Sep. 12, 1980. On Nov. 9, the military regime, National Security Council (NSC regime), promulgated the constitution currently in force.
§1 100 France 90 In 1958, General de Gaulle established an informal small committee to draft the constitution. It was reviewed by the Council of State in August. In September, French voters passed a referendum to negotiate.
§1 100 Republic of Korea 90 When the government of the Republic of Korea was established, it was proposed on Jun. 30, 1948, voted on Jul. 12 and promulgated on Jul. 17 after the national referendum for the adoption of the National Assembly resolution.
§1 100 Australia 100 In 1901, the representatives of the colonies were all elected to a conference (called the Constituent Assembly) to draft the constitution for the new nation. Constitution drafted in a referendum held in each colony and passed by the people.
§1 100 Taiwan 60 The National Assembly of the Republic of China is entrusted by all the people to formulate this Constitution, promulgate it throughout the country, and abide by it forever.

*China will not be evaluated due to the primary stage of socialism, and the same applies below.

Made by PPP. Source: PPP database.

Conclusion:

The right to enact the constitution is not derived from “law” but from “power”. Power determines whether the state is a republic or an imperial system, and power determines whether the government is democracy or dictatorship. Constitutional power is above all norms and is not restricted by legal forms and procedures. It is the origin power, and thus the basis of all powers created by the Constitution. It is above administrative, legislative, procuratorial and judicial powers.