A constitution is only as good as its society
Wednesday, 20 January 2016
Wednesday, 20 January 2016
These are not ideal times for constitutional changes, in Sri Lanka in particular. There is still too much meanness and the atmosphere is still racially charged. But we may not have another chance. The present national government, strange beast as it may seem, is still our best chance for reforms
The spirit of a constitution is in its in preamble. A preamble is essentially a summary of the constitution that lays out the objectives in a lofty language. Most constitutions have justice, equality, freedom, etc. as objectives. Even the Lancaster House Agreement of 1979, the de facto Constitution of Zimbabwe which was effective until 2013, list similar objectives.
Zimbabwe is evidence that good constitutional objectives do not make a good society. First, the mechanics of implementation contained in the body of the constitution has to jive with the lofty objectives in the Preamble. More importantly, the society that ultimately determines the course of their constitution in action has to value those attributes. If justice, equality, etc. is not part of the culture of a society, despots with popular appeal can hijack even the best constitution.
As Mat Ridley argues in his book, ‘The Evolution of Everything,’ humans are continuing to evolve with values that lead to societies that are more just and free than their precedents. Ups and downs are possible in particular places or periods of time, but the overall trend in the human race has been towards less violence and more cooperation.
In this paper I argue that, at this particular juncture in Sri Lankan society, constitutional reforms may be needed to fix some of the functional aspects of governing, but for true progress we need leaders in political and non-political space, including media and civil society, to nudge people to rediscover their inherent human values.
Zimbabwe is evidence that good constitutional objectives do not make a good society. First, the mechanics of implementation contained in the body of the constitution has to jive with the lofty objectives in the Preamble. More importantly, the society that ultimately determines the course of their constitution in action has to value those attributes. If justice, equality, etc. is not part of the culture of a society, despots with popular appeal can hijack even the best constitution.
As Mat Ridley argues in his book, ‘The Evolution of Everything,’ humans are continuing to evolve with values that lead to societies that are more just and free than their precedents. Ups and downs are possible in particular places or periods of time, but the overall trend in the human race has been towards less violence and more cooperation.
In this paper I argue that, at this particular juncture in Sri Lankan society, constitutional reforms may be needed to fix some of the functional aspects of governing, but for true progress we need leaders in political and non-political space, including media and civil society, to nudge people to rediscover their inherent human values.
1. Preambles and objectives therein READ MORE
