6 - Interim Constitutions and the Invisible Constitution

Summary

In this Chapter, Goss examines the theme of the invisible constitution in light of a comparative case study of interim—or deliberately temporary—constitutions in the modern era. Interim constitutions are defined as those constitutions which are explicitly and deliberately temporary. It is argued that interim constitutions can strongly influence their successor constitutions, through methods other than binding (or ‘visible’) precommitments. Secondly, it is argued that judicial decisions in the interim period can respond to and generate invisible constitutional features, some of which may persist in the post-interim era. This Chapter considers the definition of the constitution- both visible and invisible, and the significance of writtenness to these definitions. It is argued that drafters and political actors in transitional constitutional environments should consider the potential long-term effects of interim texts, rather than viewing these texts as mere placeholders. Comparative case studies include South Africa, Poland, Nepal, Albania, and Iraq.