Professor Shaista Shameem, an expert in constitutional and human rights law, emphasizes the importance of considering both the review provisions of the 2013 Constitution and the perspectives of the public in any potential amendments. According to her, acknowledging the people’s opinions through a referendum is crucial, as disregarding this process undermines public sentiment regarding governance.
She points out that while the 2013 Constitution has beneficial elements, a decade of experience warrants a closer evaluation of its various aspects. Those advocating for changes to the Constitution should not shy away from the idea of a referendum; if conducted respectfully and effectively, it could alleviate fears surrounding the need for a considerable majority for constitutional amendments.
Professor Shameem argues that the significant majority often required for these amendments is attainable through persuasive approaches, highlighting her concern that those wishing to overhaul the 2013 Constitution may lack confidence in their ability to garner support for change. Instead of seeking modifications outside the constitutional framework—which she argues would be unlawful—advocates should engage with existing processes.
Furthermore, she addresses misconceptions surrounding the Bill of Rights in the Constitution, asserting that all rights come with limitations, similar to those outlined in the Universal Declaration of Human Rights. She warns those pushing for unlimited rights to revisit the 1997 Constitution to understand the nature of reasonable limitations.
In conclusion, Professor Shameem advises caution and deep consideration for those proposing amendments to the 2013 Constitution, suggesting that it’s essential to reflect on the complexities involved before proceeding with any changes.
This dialogue opens up a pathway for democracy and greater public engagement, leaning on the belief that actively involving citizens in governance decisions can foster a more inclusive society. By respecting the framework of the Constitution, there is potential for constructive and lawful change.
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