International advice, mature democracies and the Venice Commission

The aim of this article is to explore the role and practice of constitutional advice-giving as it relates to mature democracies. More precisely, this article considers how the Venice Commission – the official advisory body for constitutional matters of the Council of Europe – exercises its mandate vis-à-vis such democracies through the delivery of country-specific Opinions, based on a close reading of all such Opinions rendered between 2002 and 2024. It examines the substantive focus of those Opinions, the way they engage with constitutional experiences elsewhere, as well as the tone of the assessment and the approach taken in formulating and the tonality of the advice rendered. It suggests that the Venice Commission places emphasis on ‘constitutional maintenance’ rather than constitutional (re)making in its Opinions, with this body moreover adopting a discerning approach in this regard and not shying away from expressing itself in candid and even forceful terms if deemed necessary. In addition, the article also reflects on the normative question of why mature democracies could seek out and accept external guidance on constitutional matters as well as challenges in the delivery thereof, notably the need for international advice-givers to tread carefully with regard to local context and culture.