Constitutional and human rights attorney Professor Shaista Shameem emphasizes the importance of considering the provisions regarding constitutional reviews when discussing amendments to the 2013 Constitution, which indirectly references its roots from 2014. She asserts that any proposed changes must reflect the opinions of the populace, noting that a referendum is a significant aspect of understanding people’s perspectives on governance.
Professor Shameem contends that disregarding public opinion is not only dismissive but could also lead to unpopularity among leaders. She recognizes the merits within the 2013 Constitution and suggests that a decade after its enactment, a thorough reassessment is necessary, highlighting the need for proponents of constitutional review to embrace the idea of a referendum positively. If the leaders engage respectfully with the public, they can alleviate the fear surrounding the potential challenge of achieving the needed majority for amendments.
While she acknowledges that altering the constitution can be a complex process often requiring a significant majority, she insists it is achievable with effective persuasion. However, she expresses concern that those advocating for the abolition of the 2013 Constitution lack confidence in their persuasive abilities, resorting instead to actions outside constitutional provisions, which she deems unlawful.
Additionally, she addresses misconceptions about the Bill of Rights within the constitution, stating that even the Universal Declaration of Human Rights has limitations on rights. This points to the reality that no rights are absolute in international law, and those calling for unlimited rights should consider the previous 1997 Constitution, which carried detailed limitations approved by civil society. Professor Shameem advises that careful consideration is crucial before any amendments to the 2013 Constitution are proposed.
In summary, Professor Shameem stresses the necessity for inclusive dialogue and public participation in the constitutional review process, while also advocating for a balanced understanding of human rights within legal limitations. There is potential for a constructive approach to constitutional amendments that honors the voice of the people, fostering a more democratic process in governance. This optimism for collaboration and respect can pave the way for positive governance and constitutional integrity.
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