This DRAFT was distributed to members in November 1996, but it was never implemented. However, it is preserved here as an indication of what our founding members had in mind. Without incorporation, COVICO-L continues to operate as a list of interested persons -- without funds or organizational structure, the list enables members to keep in touch and, as individuals seek to promote meetings, publications or other projects, they are free to us the list to seek information and good ideas, and to recruit participants. For details see COVICO Home Page.

In order to attain fuller democracy, countries all over the world have undertaken to amend their constitutions or to enact new ones. They have had to consider what constitutional arrangements promise to preserve or enhance the democratic values concerned with, inter alia, civil liberties, economic growth, environmental protection, and good governance. Yet, too often, the most idealistic and promising constitutional arrangements have foundered, leading to authoritarian rule, or chaos and civil war.

More scholarly attention needs to be given to the problems of constitutionalism which have to be solved in order for democratic systems to succeed. At a conference held in Honolulu in June 1993, some twenty political scientists agreed to establish a Committee on Viable Constitutionalism - COVICO - to promote research and teaching in this area of scholarship.

COVICO will in due course be incorporated under state law as a public benefit, not-for-profit educational institution. COVICO's charter specifies its purposes and the role of the Board of Trustees which will carry them out. The present Charter, which may be amended as the organization expands, is as follows:

CHARTER

of

THE COMMITTEE ON VIABLE CONSTITUTIONALISM

ARTICLE 1

NAME

The full name of the Organization is The Committee on Viable Constitutionalism. The short name is COVICO. The organization is [to be] established in the city of __________ under the laws of the State of __________.

ARTICLE 2

PURPOSE

This Organization is formed:

1) to sponsor small conferences on selected topics, leading to the publication of books and monographs, and journal articles both in print and via Internet and the World Wide Web, on viable democratic constitutionalism.

2) to promote research and teaching on problems of creating, sustaining and reforming democratic constitutions worldwide by scholars and constitutional reformers and, in order to facilitate these efforts,

3) to establish an electronic network to which its members and other interested parties can turn for information about current research, publications and institutions, as well as about the experience of countries carrying out constitutional reform.

The Organization does not undertake to conduct research or provide consultancy services. Except to promote recognition of the worldwide need for viable democratic arrangements, the Organization does not take stands on public issues.

ARTICLE 3

MEMBERSHIP

Membership is offered to scholars of democratic constitutionalism world-wide. Membership of the Organization includes: 1) Patrons (proposed by the Board of Trustees in recogniton of outstanding contributions); 2) Founding Members (those who founded COVICO by attending the Meetings held in June 1993 at Honolulu and in March 1994 at Albany, U.S.A.); and 3) Members (invited to join according to rules adopted by the Board of Trustees).

ARTICLE 4

THE BOARD OF TRUSTEES

The Board of Trustees shall constitute the policymaking organ of the Organization, subject to referendum by all members when points of controversy arise.

Section 4.1 Purpose, Powers, and Duties. The Board of Trustees provides for the implementation of the purposes of the Organization. The Board, selected by Members, has the general power to control and manage the affairs, funds, and property of the Organization.

Section 4.2 Number. The number of Trustees, which shall not be less than ten (1), shall be fixed from time to time by the Trustees then serving in office.

Section 4.3 Election, Terms of Office. Trustees shall normally be elected by a majority vote of the Members. Candidates for board membership shall be nominated for office by a nominating committee. The Board shall determine a final list to propose to the whole membership. Trustees shall be elected to office for a term of up to three years. The elected Trustees may be divided into three classes of approximately equal size to provide for their election by Members of approximately one-third of the elected Trustees at each Annual Meeting.

Section 4.4 Vacancies. Vacancies in the Board, however arising, shall be filled by a majority vote of all Trustees then serving in office.

ARTICLE 5

MEETINGS

Section 5.1 Annual Meetings. The annual meetings of the Organization shall be held whenever possible - or by correspondence and mail balloting whenever a face-to-face meeting is not feasible.

Section 5.2 Regular Meetings. The frequency and dates of regular meetings of the Board of Trustees shall be fixed by the Board of Trustees.

Section 5.3 Special Meetings. Special meetings of the Board of Trustees may be called by the Chair of the Board.

Section 5.4 Telephone Meetings. Members of the Board or of any committee may participate in a Board Meeting through use of conference telephone, e-mail, World Wide Web or similar communication means.

Section 5.5 Quorum. A majority of the Trustees responding to a mailed ballot shall constitute a quorum for decision-making purposes.

ARTICLE 6

OFFICERS

Section 6.1 Principal Officers. Initially, the principal officers of the Organization shall be two Co-Chairmen, who also perform the duties of Treasurer and Secretary pro tem. Thereafter, the principal officers will be a Chairman, Vice Chairman, Secretary and Treasurer. Officers shall be elected to office from among the Trustees then serving at the time of election. The Board may elect other officers as needed.

Section 6.2 Election and Term of Office. The officers of the Organization shall normally be elected at the annual meeting of the Board of Trustees but may be elected at any meeting of the Board at which a quorum is present, or by mail or electronic voting.

Section 6.3 Vacancies. Vacancies among the officers, however arising, shall be filled by a majority vote of Trustees, at a meeting, or by mail or electronic voting.

Section 6.4 Chairman. The Chairman shall preside at meetings of the Board and generally do and perform all acts incident to the office of the Chairman, and shall have such additional powers and duties as may from time to time be assigned by the Board.

Section 6.5 Treasurer. The Treasurer shall have charge and custody of, and be responsible for, all the funds of the Organization and shall keep or cause to be kept, accurate and adequate records of assets, liabilities, and transactions.

Section 6.6 Secretary. The Secretary shall keep, or cause to be kept, the minutes of all meetings of the Board.

ARTICLE 7

COMMITTEES

Section 7.1 The Board of Trustees may by resolution designate standing, ad hoc, and/or special committees of the Board such as an Editorial and Publications Committee, a Membership Committee, a Nominating Committee, and a Finance Committee.

Section 7.2 Membership. Normally, the Chairman of the Board of Trustees shall appoint the chair of each Board committee. Normally, the Chair of each committee shall appoint the other committee members in consultation with the Chairman of the Board.

ARTICLE 8

MISCELLANEOUS

Section 8.1 Personal Liability. No Trustee shall be held personally liable for any debts of the Committee.

Section 8.2 Fiscal Year. The fiscal year of the Committee shall be July 1 to June 30.

Section 8.3 Bank Accounts, etc. The Board to Trustees is authorized to select such banks or depositaries as it shall deem proper for the funds of the Organization.

ARTICLE 9

AMENDMENTS

These By-Laws may be altered, amended, or repealed in whole or in part at any duly organized meeting of the Board of Trustees of the Organization, or by a majority vote of the Trustees then serving in office, as reported by mail or electronically, provided due time is allowed for the responses.

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Forwarded by:

FRED W. RIGGS, Professor Emeritus

Political Science Department, University of Hawaii

2424 Maile Way, Honolulu, Hawaii 96822, U.S.A.

Phone: (808) 956-8123 Fax: (808) 956-6877

e-mail: FREDR@HAWAII.EDU

Web Page: http://www2.hawaii.edu/~fredr/

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