constitution from 1964 to 2012 by appointing commissions. Further, he insisted on certain requirements to achieve constitutional reform, such as awareness of constitutional issues through civil education, stakeholders’ participation and contribution, consultation with experts and transparency in the process. Sen. Ike Ekweremadu, President
of the Nigerian Senate, stated that the constitution is the foremost law of any nation. Constitution-making, whether it is the drafting and adoption of a new one or the amendment of an existing one, is not just essentially a political process, but perhaps the height of politics. He pointed out that there were no
less than 55 constitutional activities around the world between 2008 and 2010, ranging from the adoption of a constitution to the review of
an existing one as reported by the Comparative Constitutions Project (CPP). He discussed the fundamental imperatives for emerging democracies and the factors that negatively affect constitution-making in detail. He was very concerned about the cardinal principles relevant to the role of Parliament in relation to the people. Prof. Peiris commented on the role
of the public at large in constitution- making. Further, he explained the evolutionary trend in the Legislature (bicameral versus unicameral), the merits and demerits of the electoral systems (first-past-the-post and proportional representation) in Sri Lanka and suggested a hybrid electoral system – a blend of both systems – for future elections in Sri Lanka. The emergence of a Second
Chamber is inevitable as far as legislative priorities and composition of constituencies are concerned, he said. He was very critical of the incorporation of economic rights (right to employment, right to housing, et cetera) in the constitution. He pointed out a quota system or the reservation of seats for women is a feature of constitution-making in a number of Commonwealth countries. He raised an issue on the interpretation of the constitution, asking whether the Supreme Court or a special Constitutional Court should be the final adjudicator on constitutional matters. Hon. David Musila, MP, Kenya’s
Assistant Minister of Defence, agreed on the definition of the constitution made by other discussion leaders in terms of state power, values and aspirations of the society and the
reality of people’s lives. His stated opinion was that every country is unique; therefore no single country’s constitution is perfect for others. Hence, the eclectic approach to be adopted in constitution-making. Further, he stated that any amendment to the constitution must adhere to the process with timelines and any reformation must start with special consideration for human rights. He briefly stated the chronicle
of the constitutional reform process between 1992 and 2010 in Kenya and concluded that Parliaments are the people’s representatives and a mirror to constitution-making. During the question and answer
session, the delegates were able to exchange views and ideas on how to best fulfil this all-important mandate of Commonwealth Parliaments.