Which nation has the "best" "Constitution?"

In examining the sets of decision rules around the world, which one do you think is the best?

For what reason?

For example, in analyzing the Swedish Constitution, (in particular the "Instrument of Government") it seems to codify and guarantee whole areasof life and living that, for example, the U.S. Constitution doesn't come close to doing:

"Art. 1. All public power in Sweden proceeds from the people.

Swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. It shall be realised through a representative and parliamentary polity and through local self-government.

Public power shall be exercised under the law.

Art. 2. Public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the private person.

The personal, economic and cultural welfare of the private person shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public institutions to secure the right to work, housing and education, and to promote social care, social security, and a good living environment.

The public institutions shall promote the ideals of democracy as guidelines in all sectors of society. The public institutions shall secure equal rights for men and women and protect the private and family lives of private persons.

Opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own..."

What's your favorite "Constitution" (or whatever set of nation-state decision-rules, however named),and why?

 

Well, there are solid sources online that make comparative analysis easier; one hour dedicated to the preambles of each would bring you more up to speed than me...

To continue the sharing, here's how Antigua and Barbuda's Constitution begins...do you have these guarantees in YOUR nation of origin?

WHEREAS the People of Antigua and Barbuda-

-Proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;

-Respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

-Assert their conviction that their happiness and prosperity can best be pursued in a democratic society in which all persons may, to the extent of their capacity, play some part in the national life;

-Recognise that the law symbolises the public conscience, that every citizen owes to it an undivided allegiance not to be limited by any private views of justice or expediency and that the State is subject to the law;

-Desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest...

 

In addition, imagine how Native Americans and the descendants of enslaved Africans or indentured servants, or any other group or body disenfranchised by the process of becoming America watched, as Americans, having read this:

Preamble
We, the people of South Africa, Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to -
Heal the divisions of the past and establish a society based on democratic values, social justice and
fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

Added this to OUR Preamble:

Preamble
We, the people of the United States, Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that the United States belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to -
Heal the divisions of the past and establish a society based on democratic values, social justice and
fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic United States, able to take its rightful place as a leader among the family of nations.

Would that erase any ofthe past? No. Would it indicate the real possibility of a national willingness to really come together and move forward (as opposed to the discreteness of our superb-urban lives, one unattached to another) to something brand new? Oh yes.

 

I also like aspects of the 1992 Constitution of Tibet-in-exile. For example:

Article 3 Nature of the Tibetan Polity
The future Tibetan polity shall uphold the principle of non-violence and shall endeavour to be a Free Social Welfare State with its politics guided by the Dharma, a Federal Democratic Republic; and the polity of the Tibetan Administration in-Exile shall conform to the provisions herein after specified. No amendments to this Charter shall be made except as specified in the Articles of Chapter XI of this Charter.

Article 4 Principles of the Tibetan Administration
It shall be the duty of the Tibetan Administration to adhere to the principles of the Universal Declaration of Human Rights as specified by the United Nations, and to also urge and encourage all other countries of the world to respect and comply with such Declarations, and shall emphasize the promotion of the moral and material well-being of the Tibetan people, the safeguarding of their social, cultural, religious and political rights, and in particular, the ultimate achievement of their common goal.

Ah, but its not, apparently, to be a free-for-all "Tibet-topia"...

Article 8 Citizen of Tibet

(1) All Tibetans born within the territory of Tibet and those born in other countries shall be eligible to be citizens of Tibet. Any person whose biological mother or biological father is of Tibetan descent has the right to become a citizen of Tibet; or
(2) any Tibetan refugee who has had to adopt citizenship of another country under compelling circumstances may retain Tibetan citizenship provided he or she fulfills the provisions prescribed in Article 13 of this Charter; or
(3) any person, although formally a citizen of another country, who has been legally married to a Tibetan national for more than three years, who desires to become a citizen of Tibet, may do so in accordance with the law passed by the Tibetan Assembly.
(4) The Tibetan Assembly shall formulate laws of citizenship in order to enforce the above Articles.

But the nonviolence appeals to me, of course:

Article 7 Renunciation of Violence and the Use of Force
Future Tibet shall remain a zone of peace and shall strive to disengage itself in the production of all destructive weapons, including Nuclear and Chemical; and, currently refrain from the use of all offensive methods as a means to achieve the common goal of Tibet, or for any other purpose.

 

We certainly want to live in two different Americas, that much is indeed certain.

btw, didnt your mommy teach you, you begin the healing process with "I'm sorry," not END it...that's just the beginning...

 

"The events which transpired five thousand years ago,five years ago or five minutes ago, have determined what will happen five minutes from now, five years from now or five thousand years from now.
All history is a current event."
- Dr John Henrik Clarke

You may not feel the need to apologize for past wrongs, but I do; I'd like to apologize for us all continuing to reflect and manifest the foundational sins of the nation, towards everyone, without redress. Redress is important. Only those who wish to avoid feelings of culpability, or who really hate those who suffered would ask them to forget the past, or not to seek redress in the most meaningful way possible. Its not just YOUR ancestors; its our shared past, b/c we both live here; in acknowledging that, neither all the guilt, nor all the responsibility lies with you...I'm perfectly willing to acknowledge that as an American, I have an American past, shared with all Americans that is, in many ways, completely foul. You don't need to apologize...I will, b/c I know that where we were heavily informs where we are, and grounds us such that we know where we can go...

"Completely ridiculous?" I find that applies to your fear, or your passive hate, towards actualizing a permanent redress of past wrongs that all can look to and say, "This is where we took a step towards enacting our own evolution."

Of course, I can understand how fear and hate permeate any discussion that has to do with real growth and change, for those who fear and hate the prospect that they might have some growing and change to do, both personally and nationally...

 

Back to the Constitutional analysis:

Uganda has an interesting section of guarantees in their 1995 Constitution:

VI. Gender Balance and Fair Representation of Marginalised Groups
The State shall ensure gender balance and fair representation of maginalised groups on all constitutional and other bodies.

VII.Protection of The Aged
The State shall make reasonable provision for the welfare and maintenance of the aged.

 

I hate to bail on you good folks, but your often cogent, and sometimes nightmarish opinions are keeping me from my doctoral research...I'm a BS addict, I'll admit it. So I've got to go cold turkey for until after Christ's made-up birthday...

Peace, and hair grease, for the Middle East.