The main purpose of the paper is to theoretically flesh out a representative constitutionmaking process. It rests upon an initial account of liberal legitimacy of an action. I will secondly elaborate different theoretical demands, or duties, such a process must heed in order to become legitimate and just (the a priori method (Barry 1995:196)). I will briefly operationalize the ideal conditions (the empirical method (Barry 1995:196)). The last, but important, point to be made is the relationship between normative theory and realistic utopia.