Lorraine Wu on The endurance of interim constitutions (Icon)

"The endurance of interim constitutions"
Lorraine Wu (PhD 2025)
International Journal of Constitutional Law
Published online: August 2026

Abstract: Interim constitutions have become increasingly prevalent in modern constitution-making, yet they have received comparatively limited scholarly attention. While they are defined by their “interim” nature, the meaning of this designation remains conceptually and empirically unclear, with existing scholarship often treating it as self-evident. This article addresses that gap through an original empirical study of forty-one interim constitutions adopted between 1990 and January 2025, examining how long these instruments remain in force, the factors that shape their duration, and the implications of their endurance for the constitution-making processes they are meant to facilitate. Conceptually, the article identifies four key roles interim constitutions play within constitution-making processes: (i) procedural frameworks; (ii) training wheels; (iii) first drafts; and (iv) last resorts. Empirically, the article challenges the assumption that interim constitutions are inherently short-lived, finding that two-thirds of the interim constitutions surveyed exceeded their deadlines for replacement, while almost one-fifth remained in place for over a decade. The study finds that the inclusion of explicit deadlines does not correlate with shorter interim periods, while conflict intensity during the interim period emerges as a statistically significant predictor of longevity. Given that written constitutions intended to be permanent have an average lifespan of only nineteen years, can a constitution labeled “interim” still be considered as such if it remains in force for just as long, or even longer? The article proposes a typology of constitutions based on their temporality, distinguishing between interim, permanent, failed, and accidental constitutions, and explores the implications of accidental constitutional endurance for the design of interim constitutional processes as procedural frameworks, training wheels, first drafts, or last resorts.