CONSTITUTION SHOULD BE COMPASS

Sir,

One definition of an open society is that it is characterised by a flexible structure, freedom of belief and wide dissemination of information. Some modern advocates for the concept of ‘open society’ posit that such a society would keep no secrets to itself, in the public sense, as all are trusted with knowledge of all. They also postulate that political freedoms and human rights are not just common currency, but are some of the hallmarks of an open society.

Declared

I recall how, during Administration Law, I would take lecturers up on whether what was declared in the Constitution should be taken to mean it was what the situation was on the ground, or if at best, it was espousal of the nation’s aspirations and there could be, in some instances, a disjuncture between the two. Forever animated, the lecturers would argue that because the Constitution stated that the country was democratic, then it was. They would never be drawn to any debate on what the supreme law provided could be juxtaposed with what as an idealistic young student observed on the ground.

Honour

“Here, we are in a Law class,” one lecturer would say. “But if you want to discuss politics, come to my house.” Regrettably, I never did make the time to honour the invitation. I still hold the view, however, that the Constitution is as much a mirror as it is a compass. While it should encapsulateour values and ethos it also must express our aspirations which are forward looking and progressive. It cannot be entirely correct that we are what it says we are. A constitution is a live document that continually must be engaged and given effect to.

Understanding

Many years after its enactment, it is still very disappointing that the overwhelming majority of the populace still do not quite have an appreciable understanding of this very important document. It is even more disturbing to observe that this ignorance runs across the spectrum of both the educated and uneducated. There just seems not to be a sense of ownership and pride in the document. The Constitution is important in that it inter alia, lays down the country’s political architecture, circumscribes government power and provides a Bill of Rights wherein rights of the people are stated and guaranteed.

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