Thursday, June 6, 2013

A Constitution For The Ages


It has come to my attention that a number of jurisdictions are presently in the process of writing a new constitution for their particular populaces. I am nothing if not helpful, and hence put forward the following as a workable template to make their task an easier one.

First. There must be an impenetrable wall between church and state. If this is not possible, then stop writing right now. Your every effort will be in vain. You simply cannot have a government under the sway of an imaginary "friend", or, worse, under the sway of a person or group who believes that  "friend" speaks to them and them alone. Fantasy has no place in a constitution.

Second. Your constitution should promote and enhance gender equality. This may come as news to certain tribal elders, Al Qaeda members and the Taliban, but, sorry guys, women are people. Deal with it. Oh, and here is a good place to insert a rider emphasizing that "the state will have no place in the bedrooms of the nation".

Third. Be sure to stress the importance of a judicial Supreme Court that is completely independent of the political process. Canada and Australia offer good examples of this, with judges appointed mainly on merit. I would, however, avoid looking too closely at the United States. There, the political has been allowed to overtake the judicial, and Cicero's words from his De Legibus have been ignored: Salus populi suprema lex.*  Pity, that.

Fourth. Finally, think carefully about what governmental structure you wish to favour, whether a Parliament (as in the UK or Canada) or a Congessional separation of powers (as in the U.S.A.) It really has to be one or the other, although I have always favoured a benevolent dictatorship -- save for the problem (as yet unanswered) of how you keep the dictator benevolent.

All things considered, I would opt for Parliament, where a government can "fall" in a way not possible in a Congressional system. This is a Good Thing, as the late (and lamented) Christopher Hitchens has noted: "The government regards you as expendable, so all you have to do is to learn to think about them in the same way."

As for the American process, I will leave it to Mark Twain: "Suppose you were an idiot, and suppose you were a member of Congress. But I repeat myself."

So there.

*For those who don't speak the Imperial Tongue: "The safety of the people is the highest law."



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