Constitutional Controversy: Is It's Time for a Change?

Revamping Democracy: The Call for Constitutional Change

Attorney General Graham Leung has articulated the necessity for a comprehensive review of the 2013 Constitution, advocating that constitutions should serve the broader public rather than specific individuals, and adapt to the evolving political context. During the discussion surrounding the Constitution Amendment Bill, Leung criticized the existing constitution for being implemented without democratic endorsement and for its complex amendment procedures that demand a supermajority from both parliament and the electorate.

Leung pointed out that the stringent amendment requirements render the 2013 Constitution one of the hardest to modify globally, suggesting an intention to obstruct potential changes and limit democratic processes. He argued that an “illegitimately imposed clause” should not be a barrier to the effective operation of democracy, and emphasized the importance of fostering dialogue on constitutional reform.

While Leung recognized some positive aspects of the 2013 Constitution, such as equal citizenship and the reduction of the voting age, he underscored the need for reform in problematic areas. He expressed support for Prime Minister’s initiatives aimed at encouraging a broad public discussion about potential constitutional revisions.

Moreover, Leung highlighted the significance of involving diverse perspectives in the reform process, reiterating his belief that a constitution must evolve with the people’s will. In a noteworthy suggestion, he proposed seeking an advisory opinion from the Supreme Court regarding the constitutionality of amendment provisions, which could significantly enhance the legitimacy of governance.

This proactive stance signals a hopeful outlook, aiming not only to address the public’s demand for reform but also to strengthen the democratic framework through engagement with various political entities and civil society. By promoting open discussions, there is a tangible opportunity for meaningful advancements in governance that align with the aspirations of the citizens and reinforce their connection with the government.


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