We frequently hear about suspending, amending, or overriding a constitution, or we hear about a specific position, policy, law, decision, or decree aligning or conflicting with a constitution. We also sometimes hear that a new regime has abolished, frozen, or halted the operation of an old constitution. This is a term heavily used in the media and in political discourse... So, what is a constitution? How does a constitution come into being? And what are the types of constitutions? The word "constitution" (Dastour) is a Persian word composed of two syllables: (Dast), meaning "rule," and (War), meaning "holder" or "owner." Thus, the literal meaning of the word is "holder of the rule." From this, the linguistic meaning of the word is derived from its Persian origin as the "holder of the rule," meaning the basis for every legal rule in the country. From a legal perspective, a constitution means: "The legal document issued by a specific body, in accordance with special procedures, containing the rules related to the system of government in a given state and at a particular time. A constitution may be contained in a single legal document, as in most countries of the world, or it may be contained in more than one document." Methods of Constitution-Making: Constitutions are established in various ways depending on differences in systems of government. However, we can generally distinguish between two main methods for the creation of constitutions: non-democratic methods of constitution-making and democratic methods of constitution-making. Below, we will provide a brief explanation of these two methods. First: Non-democratic methods of constitution-making: These are methods in which the people are not solely responsible for drafting the constitution, such as when the ruler single-handedly drafts the constitution and then grants it to the people (a granted constitution), or when the ruler shares its creation with the people through an agreement (a contracted constitution). (1) The Granted Constitution Method: Here is the translation: The ruler here—acting as the source of authorities and the wellspring of rights, duties, and freedoms—relinquishes some of their powers and authorities to the people, granting them these relinquished powers. Several constitutions have been issued in this manner, such as the Italian Constitution of 1848, the Japanese Constitution of 1889, and the Russian Constitution of 1906. Questions have been raised regarding the right of the ruler who granted these freedoms and powers to reclaim and withdraw them. However, most constitutional jurists hold that legally, retracting the grant is not permissible. These concessions made by the ruler—often under pressure—have become rights of the people that may not be violated, because they are fundamentally natural rights of the people of which they were deprived for a period of time and then restored. Furthermore, even if the constitution is the product of the ruler's unilateral will, the people's acceptance of the constitution prevents the ruler from reclaiming it, "because the unilateral will becomes a source of obligation as long as it meets with acceptance from the other party, which is the nation."  (2) The Contract Method: Here is the translation: The constitution here comes into being as a result of the convergence of the wills of the ruler and the governed. Consequently, when compared to the granted method, this approach represents a step toward democracy due to the absence of the governed's will in the granted method. Nevertheless, it is still considered a non-democratic method of constitution-making because the people are not solely responsible for drafting their constitution, and the ruler—alone—is equated with the entire nation, which contradicts the core principle of democracy based on full equality among individuals. As for how the nation shares with the ruler in drafting the constitution, this takes one of the following forms: a. The nation elects a constituent assembly to draft the constitution, which is then submitted to the ruler for ratification to become effective. b. The nation entrusts its representatives in the elected parliament with preparing a draft constitution for the country, which is then submitted to the ruler for approval, and upon being approved by the ruler, it becomes effective. c. The parliament approves the draft constitution without referring back to the nation, and then submits it to the ruler for enactment. d. Directly holding a referendum for the nation on the draft constitution, and—in the event of the nation's approval—submitting it to the ruler for enactment, provided that the nation's approval does not mean it takes effect immediately; rather, it must be ratified by the ruler to become effective. Second: Democratic methods of constitution-making: In this case, the nation alone is exclusively responsible for drafting its constitution without any participation from the ruler, except in their individual capacity as a citizen with the right to express an opinion on the constitution. The constitution here is created through one of two methods: (1) The Constituent Assembly Method:Constituent Assembly) Whereby the people elect a constituent assembly whose mission is to draft the constitution on behalf of the people. Once the constitution is approved by this assembly—which represents the people, who hold the right to draft the constitution—it becomes effective without the consent of any other party. However, the ordinary legislative power—even if elected—is not permitted to draft the constitution because it was not elected for this purpose; rather, it has the right only to issue ordinary legislation and has no jurisdiction over constitutional legislation. This right is instead granted to the constituent assembly, which was originally elected for this specific purpose. It is called a "constituent" assembly because, by drafting the constitution, it lays the foundation for the entire political system, as the constitution defines the form and objectives of the system of government, in addition to regulating the relationship among the three branches of power. Since the purpose of electing the constituent assembly is to draft and approve the constitution, its role ends once its elected task (drafting and approving the constitution) is completed. Drafting constitutions through constituent assemblies is particularly prominent in democratic systems. Constitutions created in this manner include the Federal Constitution of the United States of 1787, the French Constitution of 1875, the Japanese Constitution of 1947, and the Indian Constitution of 1949. (2) Popular Referendum: A specific body elected by the people drafts the constitution, and the draft is then submitted to the people for acceptance or rejection. If the people accept it, it is considered an effective constitution; if they reject it, it becomes void. It is worth noting that the issuance of a constitution in this manner requires popular awareness of the constitution and its articles; otherwise, it would be futile. Examples of constitutions issued in this manner include the French Constitution of 1946 and the Egyptian Constitution of 1971. References:

• Mohammed Al-Mashhadani and Marwan Al-Mudarris, Bahraini Constitutional Law, University of Bahrain, 2008, p. 23.
• Dr. Numan Ahmed Al-Khatib, The Mediator in Political Systems and Constitutional Law, Dar Al-Thafa for Publishing and Distribution, Amman (Jordan), 2010, p. 438.