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Constitution

A constitution is the supreme law of any country. It provides the legal framework for the government, designates the powers and duties of the branches of government or governmental agencies, and establishes the relationship between the people and the government. It enunciates the basic rights and obligations of citizens, and usually sets out the framework for the country’s electoral system.

To promote election integrity, the constitution may entrench the principle of universal suffrage, set the frequency of elections and specify the basic eligibility criteria for the major elected offices. The drafters of the constitution should take into consideration the capacity and conditions of the country. For example, an overly short interval between elections can be burdensome for some less developed countries. In countries emerging from internal conflict, a proportional representation system might allow for better power-sharing than a winner-take-all system. A constitution may entrench the basic political freedoms needed for competitive elections, such as freedom of speech, assembly, movement and the press. It may enable political actors to organize for the purpose of running for office, or to support interest groups.

A constitution may authorize institutions to undertake specific electoral functions. For example, it may authorize a government institution or an independent commission to administer elections, and may assign enforcement powers to the judicial system or a specific electoral court.