Coconstitution

Coconstitution is a term used in political theory to describe a constitutional order that is created and sustained through cooperative, multi-actor participation and shared sovereignty. It is not a widely standardized or formalized concept, but a way of thinking about how diverse communities or entities might bind themselves to a common legal framework while preserving their distinct identities.

Key ideas often associated with coconstitution include inclusive drafting processes, mutual legitimacy derived from bargaining among stakeholders, and provisions that balance centralized authority with sub-national or subgroup autonomy. A coconstitution typically emphasizes joint decision-making, explicit protections for minority or regional rights, and mechanisms for dispute resolution and credible enforcement that are acceptable to all participating parties. Flexible or broad amendment rules may be included to accommodate evolving consensus.

Contexts in which coconstitutional ideas are discussed include multinational federations, regions seeking shared governance for parity among diverse communities, post-conflict settlements that aim to stabilize governance without erasing identities, and theoretical models of multi-layer constitutionalism. In practice, there are few formal examples labeled as coconstitutions; the term is often used as a heuristic for examining how shared sovereignty and collaborative constitutional design might work in complex polities.

Critics argue that coconstitutional approaches can be slow to negotiate, prone to deadlock, and difficult to enforce across different legal systems. Proponents counter that they offer a pathway to rights protection and stable governance in highly plural settings. See also constitutionalism, federalism, consociationalism, shared sovereignty, collaborative governance.