Building A New Constitution

Introduction

Creating a constitution is a significant undertaking that requires careful planning, consultation, and drafting. The process ensures that the constitution not only establishes fundamental principles and rules governing a state but also reflects the values and rights of its people. Given the gravity of this process, it must be transparent, participatory, and robust enough to stand the test of time. Below is a detailed, multi-year schedule to develop a constitution, with provisions to involve the public, manage relations with the government, and include a judiciary framework.

Phase 1: Pre-consultation and Framework Development (Year 1)

1.1 Establishment of a Constitutional Commission (Months 1-3)

• Objective: Create an independent and non-partisan body responsible for managing the constitutional process.
• Tasks:
• Appoint constitutional law experts, historians, civil society representatives, and political scientists.
• Ensure that commission members represent various demographic groups, including minority populations.
• Secure financial and logistical support, ensuring full transparency of funding.
• Develop clear terms of reference for the commission’s work, including its obligations to consult with the public.

1.2 Baseline Study and Initial Public Engagement (Months 4-6)

• Objective: Conduct research and assess public expectations from the constitution.
• Tasks:
• Perform a study on existing constitutional frameworks globally and domestically.
• Conduct surveys and public opinion polls to understand the population’s key concerns (e.g., rights, freedoms, balance of powers).
• Develop an online platform for ongoing public feedback.
• Arrange town halls and community meetings to educate the public on constitutional issues and the role of a constitution.

1.3 Establishment of Key Principles (Months 7-12)

• Objective: Create a preliminary list of guiding principles for the constitution.
• Tasks:
• The Constitutional Commission works with key legal experts and government officials to draft core principles (e.g., rule of law, separation of powers, human rights, and democracy).
• Create a public consultation document outlining the key areas the constitution will address, such as:
  • Government Structure (Executive, Legislative, and Judicial branches).
  • Fundamental Rights (Civil liberties, privacy, and economic/social rights).
  • Judicial Independence (Ensuring courts remain independent from governmental influence).
  • National Defence and Foreign Policy.
  • State Accountability Mechanisms.
• Public Feedback: Publish the key principles and seek feedback through public forums, debates, and media campaigns.

Phase 2: Drafting the Constitution (Year 2)

2.1 Drafting of the First Constitutional Proposal (Months 1-6)

• Objective: Begin the drafting process based on feedback from Phase 1.
• Tasks:
• Divide the constitution into chapters: rights and freedoms, the structure of government, the judiciary, national security, etc.
• Draft sections on:
  • Legislative Branch: Define the structure, powers, election processes, and terms for parliamentarians.
  • Executive Branch: Limit the powers of the prime minister while ensuring executive accountability.
  • Judiciary: Establish a supreme court or constitutional court, with clear provisions ensuring judicial independence.
  • Citizens’ Rights and Responsibilities: Ensure a robust Bill of Rights that cannot be overridden by government decree.
  • Amendment Process: Define a clear and transparent process for future amendments, requiring both legislative approval and public consent.
• Conduct stakeholder workshops with civil society organisations, legal bodies, and political representatives.

2.2 National Consultation and Debate (Months 7-12)

• Objective: Engage the public and stakeholders in a nationwide dialogue.
• Tasks:
• Organise televised debates and public meetings to discuss the draft constitution.
• Provide an accessible version of the draft for general public distribution, including easy-to-understand explanations for each section.
• Encourage public input through town halls, online platforms, and citizen panels.
• Incorporate specific focus groups (youth, women, minorities) to ensure wide representation.
• Referendum Planning: Begin the process of planning a referendum, focusing on:
• Deciding which controversial or core issues (e.g., religion and state, executive powers) will be put to referendum.
• Developing clear, unbiased referendum questions to present to the public.

Phase 3: Revision and Referendum Preparation (Year 3)

3.1 Final Drafting of the Constitution (Months 1-6)

• Objective: Refine and finalise the constitution based on public feedback.
• Tasks:
• The Constitutional Commission revises the draft based on the results of the public consultation.
• Ensure the final draft addresses all constitutional matters, particularly on controversial points raised during consultations (e.g., the balance of powers, individual vs. collective rights).
• Work closely with the judiciary to ensure legal frameworks are sound and enforceable.
• Publish the final draft in all national languages, ensuring accessibility to all citizens.

3.2 Final Public Review and Debate (Months 7-9)

• Objective: Provide one final opportunity for the public to review and debate the proposed constitution.
• Tasks:
• Organise a final round of public debates, town hall meetings, and media campaigns to discuss the final draft.
• Provide the public with detailed comparisons between the current system (if any) and the proposed constitution.

3.3 National Referendum (Months 10-12)

• Objective: Hold a national referendum to ratify the constitution.
• Tasks:
• Hold a referendum on the entire constitution, with the option for the public to vote on key controversial issues separately.
• Ensure that electoral oversight is independent and credible.
• Launch extensive voter education campaigns, making sure people understand the referendum’s impact.
• Results: The constitution is ratified if it receives majority support, and the controversial sections may be separately endorsed or rejected depending on the referendum structure.

Phase 4: Post-referendum Implementation and Constitutional Transition (Year 4)

4.1 Legislative and Judicial Preparation (Months 1-6)

• Objective: Begin the process of enacting the new constitution.
• Tasks:
• Draft transitional laws necessary to align existing legal frameworks with the new constitution.
• Restructure government institutions, ensuring they comply with the new constitutional rules.
• Establish mechanisms for judicial review and constitutional interpretation, with training programmes for judges to adapt to new roles (e.g., constitutional court operations).

4.2 Ongoing Monitoring and Amendments (Months 7-12)

• Objective: Monitor the constitution’s application and ensure its enforcement.
• Tasks:
• Set up a review committee within the Constitutional Commission to evaluate the implementation.
• Ensure civil society has access to constitutional courts and other bodies to challenge unconstitutional government actions.
• Prepare for a possible early review of the constitution’s functioning after five years to address unforeseen issues or inconsistencies.

Public Involvement Throughout the Process

Throughout each phase, public engagement is key. The population should feel a sense of ownership over the constitution. This is achieved through:

• Regular town hall meetings, televised debates, and social media engagement.
• Citizen panels or assemblies where ordinary people can directly contribute to decision-making.
• Structured educational campaigns on constitutional matters, ensuring that the public is well-informed about the long-term implications of their choices.

Balancing Government, Judiciary, and Public Interests

• Government: Guarantee that the government has a defined role in drafting and implementing the constitution but cannot dictate its contents unilaterally.
• Judiciary: Guarantee the judiciary’s independence in interpreting and enforcing the constitution, establishing a clear separation of powers to prevent governmental overreach.
• The People: Public referendums on key issues and continuous consultation offer democratic legitimacy and guarantee that contentious or controversial aspects of the constitution are decided by the people.