Autochthonous or Home Grown Constitution

No one pretends that democracy is perfect or all wise. Indeed, it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time; but there is a broad feeling that people should rule, continuously rule

Democracy is not only about elections: it is also about creating and encouraging the building blocks of an open and fair society: the rule of law, protection of minorities, strong political parties, liberty, a free media, a strong role for civil society and action against corruption

I wish to offer my sincere and heartfelt congratulations to Rev. Fr. J. C. Pieris for his well thought out article, brilliant in its exposition, comprehensively covering all aspects without missing a beat, with material that would truly constitute an AC or home grown Constitution, in his article in two parts titled “Constitution the only worthwhile alternative” which appeared in your esteemed paper on October 30 and November 6, 2021.

In this context I hope the comments which I make bold to express as follows relating to the said article, would I hope, enhance the significance of it to a greater extent.

I am reminded by the words purported to be that of Alexander Pope where he says in an Essay on Man “ For forms of Government let fools contend what is administered best is best” In this regard, the words of  Winston Churchill is also very relevant specially in the Sri Lankan Context when there is much talk of  Constitutional Reforms.

“Government of the People, by the People, for the People” still remains the sovereign definition of democracy. Many forms of Governments have been tried and they will be tried in this world of sin and woe. Winston Churchill once said that: “democracy is the worst form of government – except for all the others that have been tried.” His cynicism was perhaps justified after the British people voted him out from his position as Premier within months of winning the Second World War.

 No one pretends that democracy is perfect or all wise. Indeed, it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time; but there is a broad feeling that people should rule, continuously rule, and that public opinion, expressed by all constitutional means should be shape, guide, and control actions of Ministers who are their servants and not their masters”

Whether it is the worst form of government or not, there is little doubt that the alternatives are worse. Suppressing people’s views through dictatorship or tyranny means the rule of a narrow minority over the rest. Imposing stability through fear is not the best way to provide the security, prosperity and growth that will make people’s lives better.
True stability means giving people a voice in the way they are governed, to back the individuals and the policies that they deem capable of making their lives better; and to remove governments that fail to deliver. That connection between the people and their government is pivotal, especially at difficult times.

Democracy is not only about elections: it is also about creating and encouraging the building blocks of an open and fair society: the rule of law, protection of minorities, strong political parties, liberty, a free media, a strong role for civil society and action against corruption.

Building these democratic institutions takes time. Countries like the United Kingdom have been doing it for hundreds of years. England went through a vicious civil war 350 years ago which culminated in Parliament executing the King. France went through a bloody revolution over 200 years ago and also ended up guillotining the monarch.

These are not necessarily great examples for other countries to follow! But they illustrate the fact that democracy takes time. It is a process not an event. There will inevitably be bumps along the road. And it will mean continually adjusting to new demands for better ways to deliver governments that can govern effectively.

Evolution is better than revolution and peaceful protest is better than rebellion. The Arab world has seen revolutions and rebellions in the last three years in Tunisia, Egypt, Libya and the ongoing tragedy of Syria. It has been those countries that have accepted the need for incremental change, like Jordan and Morocco that have retained their stability. A common theme in all these countries has been the demand for dignity: that people should not be humiliated by violent suppression, but participate effectively in their governance. Responding to this demand is essential.

Change takes time. There will always be resistance: those people who have been used to political and economic privileges are not always keen to give them up. But it is impossible to keep all the people happy all the time. Responding to the demands and aspirations of people for reform is a fundamental component of stability. Equally, democracy requires people to have the freedom to challenge policy and criticize those who are driving it.

The conspiracy theorists seem to believe that countries outside the Arab world want to interfere in the way countries develop their democracies. Interference is wrong: each country has to respond to the demands of its people in its own way. There is no Western model. Democracy must be built on the history, traditions and political culture of each country in its own way.

What other countries can do is share experience. Bring lessons of what worked and what didn’t. Show that achieving lasting positive change is the work of many generations. And illustrate the fact that it is worth the effort: that each country can achieve, not the best form of government; nor the worst; but the one that works for them.

I am particularly impressed and enamoured by the paragraph in the Part II of his concluding article of Saturday, November 6, under sub-heading “empowering of the AC” which I perceive as a significant paragraph with which I would wish to conclude my article I am sure the author Rev. Fr. J.C. Pieris would not mind me quoting it giving emphasis to and highlighting the important phrases or clauses therein “The AC will be presented to the people at a presidential election with a candidate. The AC will be more visibly in front than the candidate.  Citizens will be voting for the AC, not so much for the candidate. But of course, the candidate certainly will be a man of integrity, with a strong character and a clean past. He is not a politician and he does not want to be one. He will be what the ancient Greeks called a Philosopher- ruler or in modern terms, a Statesman. When the AC is voted for by the people and receive the 51% majority, we shall only have a democracy as defined by Abraham Lincoln “A government of the people, by the people and for the people” As far as the AC is concerned the next presidential election will be a referendum. It bypasses the need for two thirds majority of the Legislature which, in this case, is not necessary as the majority of the people has adopted it. 

The Voice of the People is Supreme and above the executive, legislature and the judiciary. All members in the executive, legislature and the judiciary are mere servants of the people with their salaries paid by the people. It is the sovereignty of the people that decides, there is nothing above it”