Christ, Constitutions and Community: A Freedom Day Reflection
- - on 02/04/2016
The sovereignty of all humans
The essence of Jesus’ teaching on the law is the sovereignty of all humans. When confronted with the oppressive nature of the then Jewish (Sabbath) law, He declares that the purpose of the law is not to suppress humans but serve them. In practice this teaching upholds the supremacy of humans and human wellbeing above all else and serves as the non-negotiable ingredient that shapes and undergirds all constitutions. Correspondingly the degree of human sovereignty within constitutions provides the standard by which these primary laws are to be measured.
An often overlooked aspect of Jesus’ teaching is that it embraces all humanity, equally. Laws that selectively enhance or favour, suppress or hinder particular religious, ethnic, economic or political interests, consequently make bad constitutions.
Public opinion and core values
One of the dilemmas of consultative constitutional making in an aggressively competitive society such as ours is the possible upsurge of majority interests that could easily marginalise the interests of others.
One way of addressing this dilemma is for the principle of equal human sovereignty to be declared a non- negotiable at the outset. This would prevent a regression of content and also guide public opinion towards the ideals and content of inclusive constitutions. The wealth of impartial constitutional expertise within the country as well as rich global experiences, are more than adequate for this task.
The dangers of politicisation Continue Reading →
