Professor Shaista Shameem, a constitutional and human rights lawyer, emphasizes the need for a thoughtful review of the 2013 Constitution, particularly focusing on its review provisions that date back to 2014. She asserts that public participation, particularly through referendums, is crucial as it gives the populace a voice in governance matters.
She argues that dismissing the views of ordinary citizens is not only unfair but also counterproductive. Acknowledging the merits of the 2013 Constitution, she believes that a decade later warrants a thorough assessment of its various provisions, including those that may need updating. Professor Shameem encourages proponents of constitutional reform to embrace the idea of a referendum, asserting that well-executed engagement with the public can mitigate fears that reform may seem unattainable.
Despite recognizing that amending the constitution often requires a significant majority, she insists it is not an impossible task. Those interested in reform should focus on building persuasive arguments to gain public support, instead of seeking to bypass constitutional processes, which would be unlawful.
Addressing misconceptions about the Bill of Rights, she points out that limitations exist even in the Universal Declaration of Human Rights, highlighting that no one possesses unlimited rights under international law. She cautions those advocating for unlimited rights to consider the detailed limitations in prior constitutions, like the 1997 Constitution, which was crafted with substantial civil society input.
In summary, Professor Shameem calls for careful consideration before any amendments to the 2013 Constitution are proposed, ensuring that any changes are in line with the public’s sentiment and interests.
This article underscores the importance of engaging the public in democratic processes, reflecting a desire for inclusion in governance. Emphasizing the need for a balanced approach to rights and limitations not only fosters a healthier political discourse but also serves as a hopeful reminder that constructive reforms can evolve from respectful and inclusive dialogue.
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