Around the world, revolution has been brewing, and new governments are arising. So often, though, attempts to bring democracy to nations not used to it fail. I don’t know how to solve that problem, but I think it might be possible to make these transitions a bit easier, with a bit of modern experience and technology.
What these aspiring new governments and nations could use is a ready-made, and eventually time tested set of principles, procedures, services and people to take the steps to freedom. One that comes with a history, and with the respect of the world, as well as the ability to win the support of the people. I am not the first to suggest this, and there have been projects to prepare draft constitutions for new countries. George Soros has funded one, and one of its constitutions is being considered in Egypt, or so I have heard.
Eventually, I hope that a basic interim constitution could be created which not only is well crafted, but wins the advance support of the global community. This is to say that major nations, or bodies like the U.N. say, “If you follow these principles, really follow them, then your new government will get the recognition of the world as the legitimate new government”. This is particularly important with a revolution, or a civil war as we are seeing in Libya. Big nations are coming to the aid of those under attack. But we don’t know what sort of government they will create.
Today we assume that a people should self-determine their own constitution, to match their own culture. That is a valid goal, and a constitution just have the support of the vast majority of a people. But the people must also interact with the world, and the government must gain recognition. There are many lessons to be learned from the outside world, including lessons about what not to put in a constitution, even though it matches the local culture. Most new nations still find themselves wracked with sectarian, tribal and geographic divisions, and in this situation, impartial advice and even pressure can be valuable down the road.
I believe that each new country needs first an immediate, temporary, minimalist constitution. This constitution would define a transitional government, and put strong time limits on how long it can exist. This constitution would establish the process for creation of the permanent constitution, but also put limits on what can’t go in it without a major supermajority vote. Right after a revolution, a new nation may have a huge, but temporary sense of unity and devotion to principle. That devotion will fade as various factions arise and pressure is applied.
The temporary constitution should be minimalist, as should be the government. It should have strong principles of transparency and accountability, because in turbulent times there is often rampant corruption and theft.
It should also, ideally, bring in principles and bodies of law almost word-for-word from other countries. While this is temporary, it provides an immediate body of precedent, and a large body of experts already trained in that nation’s law. It isn’t that simple of course, since some laws are not meant to be enforced if it is known they are temporary, otherwise people will exploit the expiration.
Possibly the temporary constitution would define an executive with broader power than the permanent one. There may not be the bureaucracy in place to do anything else. It could be that those who serve at the high levels of the transitional government will be barred from standing in elections for some number of years, to assure they really are just there to serve in the transition, and not become new autocrats. This may also be a useful way to make use of the services of the middle echelons of the old regime, who may be the only ones who know how to keep some things running.
Imported, sometimes remote, jurists
If there is some standardization to the system of laws, the new country can import the services of impartial foreign jurists. Some will volunteer and come. Some will come for pay, even though the payment might be deferred until the new country is on its feet. And some might serve remotely, over videoconferencing. Modern telepresence tools might encourage volunteers (or deferred payment workers) to take some time to help a new country get on its feat, providing justice, auditing and oversight. read more »