As Botswana is currently considering revisions to its constitution, there is a discourse on what a constitution is, what is expected and how this will be beneficial to the coming generation. The constitution is a colonial relic imposed by  colonial power and with no trace of people consultation and participation. The last attempt by the previous government was fundamentally flawed and illegitimate as the process was conceived and driven by the President and established pursuant to the Commission of Inquiries Act.

What is a Constitution?
A constitution, in its most formal sense, is the supreme law that establishes the structure of government, allocates powers among its branches, and defines the fundamental rights of its citizens. Yet in practice, it is also a political covenant and a sociological statement about who a people are and what they value. The constitution therefore exists in three dimensions: legal, political, and social.

Legally, it is a binding instrument that limits and organizes power. Politically, it is a framework for governance that expresses the will of the sovereign people. Socially, it is a narrative of identity that gives coherence to a nation’s collective life. As Brandt and her co-authors explain, constitutions serve simultaneously as “legal rules,” “contracts among people,” and “symbols and manifestos” that express a nation’s vision of justice. When a constitution functions effectively in all three dimensions, it becomes a stable foundation for both order and legitimacy.

The legal meaning of the constitution is rooted in its authority as basic law. It defines institutions and procedures, determining how power is to be exercised. However, this legal authority depends on political legitimacy and moral acceptance. As the Participatory and inclusive Constitution Making study observes, a constitution cannot be imposed or imported; it must be owned, debated, and believed in by those who will live under it. The law may define power, but legitimacy arises only when citizens see the constitution as their own.

Understanding constitutional review- What is the Scope of the Intended Constitutional Review?

SCOPE
1.Strengthening democratic governance eg reforming the judicial structure and powers; dilute executive powers and usher in independence of parliament
2.Improving electoral systems
  -Updating electoral system to ensure fair representation
   -Regulating political parties
3.Expanding and protecting rights
4.Constitutionalizing sustainability and climate obligations
5.Devolution of power to local government
6.Reforming public administration
7.Responding to social and technological transformation
● Achieve peace in a conflict ridden society
● Strengthen democratic governance and expand human rights
● Promote national unity, reduce ethnic conflicts, decentralise power and safeguard rights

Conversational constitutionalism (New Constitutionalism)

In modern constitutional making or revision, process is as important as content.Public participation has increasingly become a central feature of constitution making, especially in societies transitioning from conflict or authoritarian rule. Involving citizens strengthens the legitimacy of the constitutional process and helps build a collective sense of ownership over the new political order.
● Enhances the legitimacy of the constitution.
● Educates citizens in democratic governance.
● Builds a shared political identity and national unity.

Historically, constitutions were drafted through elite driven processes focused primarily on consolidating political power. Over the past two decades, however, constitution making has moved toward more transparent, inclusive, and participatory approaches. This shift reflects broader democratic restoration around the world and a renewed emphasis on people’s sovereignty.

International law provides strong foundations for public involvement in constitutional processes. The International Covenant on Civil and Political Rights (ICCPR) affirms that citizens have the right to participate in public affairs, which extends to the right to engage in constitution making.

ICCPR guarantees:
● Right to take part in public affairs
● Right to vote in genuine elections
● Equal access to public service

It reinforces the idea that people should help shape the constitutions that govern them. Public engagement can take many forms and may occur at different stages of the constitution making process. The scope and depth of participation vary depending on the political environment, historical context, and intentions of those leading the process.

Main forms of participation:
● Oversight (monitoring the process)
● Direct input (consultations, submissions)
● Ratification (referenda or public approval)

Occurs across three stages:
● Agenda setting
● Deliberation
● Ratification

A bottom up, people driven constitutional review that meets international best practice requires time (should not be hurried);resources in political will  procedural hybridity: political negotiations, a statutory framework to guarantee procedures and civic outreach, an elected constituent body to produce text legitimacy, and mandatory ratification by referendum.