Professor Shaista Shameem, a prominent constitutional and human rights lawyer, has emphasized the importance of considering the provisions for reviewing the 2013 Constitution, which is rooted in its origins from 2014. She believes that any potential amendments should involve the voice of the populace through a referendum, arguing that disregarding public opinion would undermine the process of governance.
In her assessment, while the 2013 Constitution holds various commendable elements, it also includes aspects that warrant evaluation a decade after its enactment. Professor Shameem encourages proponents of constitutional change to embrace the referendum route, asserting that if changes are approached transparently and respectfully, concerns about achieving the necessary majority for amendments could be alleviated.
She pointedly asserts that amending the constitution, although it requires a substantial consensus, is not an insurmountable challenge if those pushing for change possess the ability to effectively persuade the public. However, she notes that some advocates for discarding the 2013 Constitution appear to lack confidence in their persuasive capabilities, leading them to seek changes outside the constitutional framework, which she argues would be unlawful.
Reflecting on the past decade, she warns that discussions around amendments must be approached with caution. Furthermore, Professor Shameem addresses misconceptions about the Bill of Rights in the constitution, stating that limitations are a standard part of international human rights law, including the Universal Declaration of Human Rights, and invoking the lessons learned from the 1997 Constitution.
She concludes by advising those considering amendments to think carefully before proceeding, highlighting the need for a thoughtful and democratic process.
This discussion not only sheds light on the complexities of constitutional amendments but also serves as a reminder of the vital role public opinion plays in democratic governance. Encouraging civic engagement through referendums can lead to more inclusive decision-making, strengthening the foundation of democracy in the region.
Summary:
Professor Shaista Shameem asserts that any review of the 2013 Constitution should consider public input through a referendum, while noting both positive aspects and areas for reevaluation. She emphasizes the importance of persuasive advocacy for amendments and cautions against dismissing public opinion. The engagement of citizens in constitutional discourse could enhance democratic processes and ensure that governance reflects the will of the people.
Leave a comment