Professor Shaista Shameem, a prominent constitutional and human rights lawyer, emphasizes that any examination of the 2013 Constitution should take into account the existing provisions regarding constitutional review, which dates back to 2014. She expresses the importance of including a referendum in the review process, stating that dismissing the views of the public would undermine their input on governance.
She highlights the significance of public opinion, asserting that it should never be considered irrelevant, as doing so would likely lead to dissatisfaction among the populace. Professor Shameem acknowledges that the 2013 Constitution contains valuable elements, but also recognizes that a decade after its enactment, certain provisions warrant reevaluation. She encourages those advocating for constitutional reforms to embrace the idea of a referendum, indicating that if the process is handled transparently and respectfully towards the people’s wishes, the perceived challenges in gathering the necessary majority for amendments could be mitigated.
While acknowledging that amending the constitution might require a large consensus, she argues that it is not an insurmountable task and that effective persuasion could facilitate this change. She raises concerns that some proponents of discarding the 2013 Constitution may lack confidence in their ability to persuade the public and may resort to attempting changes outside constitutional bounds, which she deems unlawful.
Reflecting on the Bill of Rights within the constitution, she clarifies that limitations on rights are common in international law, including in the Universal Declaration of Human Rights. She advises those contemplating amendments to the constitution to deliberate carefully, highlighting that a thoughtful approach is essential before making any proposals.
In summary, Professor Shameem advocates for a democratic process that respects public input in constitutional matters, urging a careful consideration of the implications of any amendments to the 2013 Constitution.
This discussion presents an opportunity for constructive dialogue and civic engagement. By fostering an environment where public voices are valued, there can be greater trust in the governance process and a potentially more robust legal framework that reflects the will of the people.
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