Professor Shaista Shameem, a constitutional and human rights lawyer, emphasized the importance of adhering to the review process outlined in the 2013 Constitution when considering any amendments. She pointed out that the constitutional review mechanism has been in place since 2014 and should be respected as it echoes the will of the people.
In her view, a referendum should be an integral part of this review process, as dismissing the ordinary citizen’s perspective on governance undermines democratic principles. She believes that the opinions of the populace are vital and ignoring them could prove detrimental for those in power.
Discussing the merits and shortcomings of the 2013 Constitution, Professor Shameem urged that a decade after its implementation, it is crucial to assess its provisions comprehensively. She advocates for openness to a referendum, suggesting that if leaders engaged respectfully with the populace, they could minimize fears surrounding the substantial majority required for constitutional changes.
She noted that while amending the constitution might seem daunting, effective persuasion can bridge the gap. However, Professor Shameem expressed concern that those advocating for the dismissal of the 2013 Constitution appear uncertain about their ability to persuade the public, leading them to consider unconstitutional methods for enacting change.
Addressing worries surrounding the Bill of Rights, she clarified that limitations exist in the Universal Declaration of Human Rights and are standard in international law. Advocates for absolute rights should look at the more detailed limitations outlined in the 1997 Constitution, which was acknowledged by civil society.
In conclusion, Professor Shameem advised caution for anyone proposing amendments to the 2013 Constitution, urging careful consideration before moving forward.
This article showcases a commitment to democratic principles and the importance of public opinion in governance, highlighting the potential for dialogue and constructive change within the legal framework. The call for a more inclusive approach to constitutional review is a positive step toward enhancing public trust in governance.
Summary: Professor Shaista Shameem stresses the importance of following the constitutional review process established in the 2013 Constitution, advocating for a referendum as a means of respecting public opinion. She urges those proposing amendments to consider the complexities of rights and limitations while promoting respectful engagement with the populace to foster trust in governance.
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