Any constitution must reflex the will of the people it is meant to govern. Hence, the crucial issue becomes the election and selection of both law-makers and policy makers. Simply put, a constitution is a set of rules and procedures that instruct actions on behalf of the majority while giving voice to the minority. The Judiciary is charged, under the said constitution, with the responsibility of interpreting and protecting the constitution and its current amendments under the shroud of natural justice.Hence, an independent judiciary not obligated to any other must be the corner stone of the constitution. The selection of top judges is as important as where the power to appoint resides. Yes candidates must be promoted on merit and proposed by the executive, but must also be vetted by a committee of law-makers in public, headed by a majority member. Removal from this lifetime appointment for wrong doings should only be by a committee of other top judges, the same committee that oversees junior appointments and dismissals. The chief judge, selected by peers, must administer the financials allocated by law-makers, supported by qualified staff and must submit to public audits. The judiciary’s budget is constitutionally increased to meet inflation and any changes assigned by the law-makers that can affect it. The physical infrastructure and related cost is charged to the executive, however, to maintain its independence, the judiciary has the power under the constitution to use any publicly owned facility to carry out its functions.
The Executive power to control the agenda and the financials, under the constitution, is won in two elections, firstly, a general election to represent predetermined constituencies and secondly, one of those elected representatives must be once more elected to form a government. If an executive is elected directly from the popular vote, it can lead to gridlock if the majority of law-makers, who control the financials, do not support the executive’s agenda. Who controls the agenda must control the financials. Hence, since the constitution is a living entity there must be representatives of the people or law-makers to speak for and against all proposed constitutional changes.
Separating the Law-maker and the Executive is the key to providing good governance. The law-makers are charged to review and amend the constitution where ever necessary and must be free minded to vote on issues as it will affect the people represented and not sell their loyalty, to any one, for any salary. The executive, through the various arms of government, is charged with providing improved standards of living for each and every citizen. Hence, the executive must be free to appoint the best people to the cabinet, not law-makers. This Managerial team must deliver on their portfolio and be subjected to review under the constitution by law-makers and ultimately by the judiciary. The People however, will be the final judge.
Decentralizing public services is the future, as technology will enable most services to be delivered in many convenient locations via the internet. Birth certificate, voter identification, passport, driving permit, vehicle registration, business registration, property deeds, building approvals, education records, health record, police record, etc. all available online.
Rationale
T.A.J & Associates Company Limited uses this occasion to comment on topics that have been covered, both academically and by the mainstream media, to add its opinion and point out investment opportunity, not to invoke any social action.
