Democratic Constitutional Design in a Contemporary State and Public Law Communication: Will of the People, Expert Opinion, Legal and Informational Engineering of Public Government Authorities

The article identifies the nature of constitutional design as a complex multi-system phenomenon and distinguishes between the categories “constitutional law-making” and “constitutional design”. In modern democratic states, in the process of creating a constitution and implementing constitutional changes, the will of the people, the opinion of experts and the legal engineering of public authorities have law-making significance. The author proposes the concept of “democratic constitutional design” for a prospective assessment and development of normative, institutional, and procedural requirements for the process of developing, adopting and amending modern constitutions.