Jonah Patel
Constitutional reform is a complex and challenging process that addresses critical issues such as peace-building, reconciliation, inclusion, and socio-economic development. It involves amending or replacing existing constitutional arrangements to achieve specific goals, such as equalization in Argentina's case or modernizing undemocratic aspects in Guyana. Constitutional reform can also be a tool to promote good governance by enhancing accountability, transparency, participation, and predictability in government functions. However, the process is intricate, with vested interests and national divisions at play. Various factors, such as the strategic behaviour of politicians and elites, can influence the scope and timing of constitutional reform. Additionally, the success of constitutional reform depends on how it is set up, the individuals involved, and the approaches taken to address the issues.
| Characteristics | Values |
|---|---|
| Constitutional reform processes are often about responding to | Peace building, reconciliation, inclusion, and socio-economic development |
| Constitutional reform can promote good governance by | Changing rules to promote more accountability, transparency, participation, and predictability |
| Constitutional reform can be necessary for | Constitutional modernisation, constitutional democratisation, and good governance |
| Constitutional reform can be influenced by | Political parties, powerful business lobbies, and political elites |
| Constitutional reform can be hindered by | High stakes, vested interests, and national divisions |
| Constitutional reform can be approached through | A strategic-realist lens, reflecting the bargains, interests, and self-dealing of domestic elites and interest groups |
| Constitutional reform can be slowed by | Events such as the Covid-19 crisis |
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What You'll Learn
Reforming the role of the second chamber
Constitutional reform is a complex and challenging process, often involving broad issues such as peacebuilding, reconciliation, inclusion, and socio-economic development. One of the key aspects of constitutional reform is strengthening good governance by enhancing accountability, transparency, participation, and predictability. This can increase government efficiency and protect citizens' rights from governmental abuse.
In the context of the UK, the Conservative Party has proposed several initiatives towards constitutional reform. Firstly, they have established two panels: one to examine the law relating to judicial review and the executive's powers, and another to scrutinize the Human Rights Act 1998. Secondly, they have published a draft bill to repeal the Fixed-term Parliaments Act 2011, which could grant the Prime Minister sole discretion to dissolve Parliament.
One of the key debates surrounding constitutional reform in the UK is the role of the second chamber. Keir Starmer, during the Labour leadership campaign, emphasized the need to move towards a more federal system. This could involve reforming the second chamber to specifically represent the various nations of the United Kingdom. This proposal highlights the importance of including citizens in the political process and empowering them through mechanisms like citizens' assemblies.
Additionally, local devolution has gained recognition as a crucial aspect of constitutional reform. It entails increasing local decision-making authority over the allocation of investments and distribution of their benefits. This goes beyond merely attracting public and private investment and empowers local communities to have a direct say in decision-making processes.
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Citizens' assemblies and direct political involvement
Constitutional reform can be a powerful tool to promote good governance and strengthen the foundations of democracy. It can achieve this by enhancing accountability, transparency, participation, and predictability. For instance, the 1994 constitutional reform in Argentina aimed to achieve equalisation through the redistribution of resources between the nation and its provinces. However, despite this noble goal, the current tax-sharing framework has not achieved the desired equalisation, highlighting the challenges and complexities of implementing constitutional reforms.
Citizens' assemblies can provide a platform for diverse perspectives to be heard and considered in the decision-making process. This approach aligns with the concept of local devolution, which advocates for increased local decision-making authority over how investment is allocated and its benefits distributed. By empowering citizens to have a direct impact on policy-making, citizens' assemblies can foster a sense of civic engagement and ownership, leading to more effective and responsive governance.
However, it is important to recognise the challenges and limitations of citizens' assemblies. The success of such assemblies depends on their structure, the diversity of their members, and the extent to which they are empowered to influence policy. If citizens' assemblies are dominated by particular interests or ideological viewpoints, they may fall short of representing the broader public interest.
Furthermore, the costs and challenges of transitioning to a new constitutional order cannot be overlooked. Citizens may be reluctant to support changes to the existing constitutional arrangements unless the benefits of reform clearly outweigh the costs of maintaining the status quo. This is particularly relevant in times of crisis, such as the COVID-19 pandemic, which has slowed down constitutional reform efforts by the Conservative Party in the UK.
In conclusion, citizens' assemblies have the potential to revitalise democratic processes and empower citizens to have a more direct impact on political decision-making. However, the effectiveness of such assemblies depends on their structure, representation, and ability to influence policy. Constitutional reform is a complex and challenging endeavour, requiring careful consideration of the interests and perspectives of a diverse range of stakeholders.
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Local devolution and investment
Constitutional reform is a complex and challenging process that addresses various issues, including local devolution and investment. Local devolution refers to the transfer of power and decision-making authority from a central government to local or regional authorities. This process aims to increase local control over investments and resource allocation, ensuring that decisions are made by those closest to the community and its needs.
One example of the shift towards local devolution is the Act of Union Bill in the United Kingdom, which proposes a more federal system of governance. This reform suggests that the various nations within the UK, such as Scotland, Wales, and England, should have specific representation in a reformed second chamber. This move towards federalism recognises the unique perspectives and needs of different regions within a country and empowers them to make decisions about their future.
However, local devolution is not without its challenges. One critical aspect is the need for increased public and private investment. While investment is essential, it must be accompanied by local decision-making authority to ensure that communities have a say in how investments are utilised and distributed for maximum local benefit. This combination of investment and local decision-making can help bridge the gap between wealthy and less fortunate regions, ensuring that all areas have the resources to provide public goods and services.
Constitutional reform, including local devolution, often arises from the need to address issues of governance and socio-economic development. By strengthening the pillars of good governance, such as accountability, transparency, participation, and predictability, constitutional reform can enhance government efficiency and positively impact citizens' lives. Additionally, constitutional reform can safeguard minority rights, protect citizens from governmental abuse, and provide a framework for reviewing executive and legislative actions.
In conclusion, local devolution, as part of constitutional reform, is a complex process that aims to empower local communities and address socio-economic disparities. While increased investment is crucial, it must go hand in hand with local decision-making to ensure that resources are allocated effectively and benefit those who need them most. Constitutional reform provides an opportunity to reshape the relationship between central and local governments, leading to more responsive and efficient governance.
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Judicial power and independence
Constitutional reform is a critical tool to promote good governance by enhancing accountability, transparency, participation, and predictability. It plays a vital role in safeguarding citizens' rights, limiting and balancing government powers, and protecting minority groups. In the United Kingdom, the Conservative Party's plans for constitutional reform have been delayed by the Covid-19 crisis but are regaining traction.
One key aspect of the proposed constitutional reform in the UK pertains to the examination of judicial power and its independence. The rise of judicial power in the UK has sparked concerns among some scholars and politicians. Professor Richard Ekins, for instance, argues that the expansion of judicial power threatens good governance, parliamentary democracy, and the rule of law. This expansion of judicial power results from two main factors: Parliament conferring new powers on courts, particularly through the enactment of the Human Rights Act 1998, and the evolving understanding of judicial power among judges, lawyers, and scholars.
To address these concerns, two panels have been established. The first panel, chaired by former Justice Minister Lord Faulks, aims to scrutinize the law pertaining to judicial review. This review appears to be aimed at curtailing the power of the courts to review executive decisions. The second panel, led by retired appeal court judge Sir Peter Gross, is tasked with examining the workings of the Human Rights Act 1998 and its impact on judicial powers and independence.
The UK government has also proposed a draft bill to repeal the Fixed-term Parliaments Act 2011, which would grant the Prime Minister the sole and non-reviewable power to dissolve Parliament at their discretion. This proposal further underscores the dynamic nature of the relationship between the executive and judicial branches and the ongoing efforts to define and delineate their respective powers.
While these reforms seek to address the evolving nature of judicial power and its potential impact on governance, it is essential to approach them with caution. The composition of any commission or panel tasked with implementing these reforms is crucial. A one-sided commission packed with individuals disputing established norms and promoting myths should be opposed. Instead, a commission comprising individuals with diverse views and backgrounds is more likely to foster constructive constitutional debates and reinvigorate discussions on judicial power and independence.
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Constitutional reform and economic development
Constitutional reform is a complex and challenging process that addresses broad issues such as peacebuilding, reconciliation, inclusion, and socio-economic development. It involves changing the rules and structures that define a country's governance to promote good governance and economic development. Good governance is comprised of four key elements: accountability, transparency, participation, and predictability. By strengthening these elements through constitutional reform, countries can increase government efficiency and positively impact their economic development.
One example of constitutional reform's impact on economic development can be seen in Argentina. The 1994 constitutional reform in Argentina introduced the goal of equalization, aiming to achieve an equivalent degree of development across the country through the redistribution of resources between the nation and the provinces. However, as of 2020, Congress has not passed the equalization legislation, and the current tax-sharing framework has not significantly reduced regional disparities. This example highlights the challenges and potential limitations of constitutional reform in addressing economic inequalities.
Constitutional reform can also shape fiscal policy choices and influence economic development. For instance, the recently adopted presidential line-item veto in the USA may impact policy favors granted to special interests, potentially affecting economic policies and development. Additionally, constitutional reform can address issues of political accountability, as seen in countries like Japan, Italy, or Belgium, where reforms could enhance accountability and potentially improve economic decision-making.
Furthermore, constitutional reform can play a crucial role in promoting investment and local decision-making. As pointed out by Keir Starmer, moving towards a more federal system can empower citizens to be more directly involved in the political process. This can lead to increased investment and local decision-making authority, ensuring that investment benefits are distributed according to local needs. However, it is important to note that the success of constitutional reform depends on various factors, including the approach taken, the individuals involved, and the specific issues addressed.
In conclusion, constitutional reform is a powerful tool for promoting economic development. By strengthening good governance, addressing fiscal policies, and enhancing participation and accountability, constitutional reforms can increase government efficiency and impact positive economic change. However, the challenges and limitations of constitutional reform, as seen in the case of Argentina, highlight the complex nature of the reform process and the need for careful consideration and empirical research to ensure effective outcomes.
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Frequently asked questions
Constitutional reform refers to the process of making changes to a country's constitution, which can include amendments, additions, or restructuring of the fundamental laws that govern the political system.
The UK's Conservative Party has plans to make major reforms to the constitution, including examining the law relating to judicial review and the Human Rights Act of 1998. There are concerns that these reforms may narrow the scope of the power of the courts to review executive decisions and give more power to the Prime Minister. Other issues include the role of the House of Lords and access to justice for ordinary people.
Constitutions can serve to solidify and consolidate the power of constitution-making elites and dominant coalitions. They can also be used as a means of "political insurance" to protect ruling coalitions from losing power after the constitution has been adopted.
