[File Photo]

Constitutions should not be written with specific personalities in mind, says Attorney General Graham Leung.

He says in politics incumbent office-holders change but the institution, checks, and balances must be designed in a way that they are able to accommodate new politicians, new political parties, and new ideas.

While contributing to the debate on the Constitution Amendment Bill, Leung says the 2013 Constitution was imposed on the nation without democratic approval.

He says the current 2013 constitution provides that it can only be amended by the passage of a law approved by the very high special parliamentary majority of three quarters of the Members of

Parliament approval, followed by the approval of three quarters of the total number of registered voters in a national referendum.

Leung says this makes it one of the hardest constitutions in the world to amend as it seeks an impossible level of participation and consensus, and it was meant to be that way to preserve forever the handiwork of those who imposed the 2013 constitution.

“An illegitimately imposed clause that was aimed at preventing future change should not be permitted to stifle the operation of our democratic system of government. Mr Speaker, in other parts of the world it has been recognized that there is a point at which the level of a special majority requirement can become so oppressive that it ceases to be a democratic safeguard and instead operates as an unconstitutional renunciation of power.”

He says there are some noble features in the 2013 Constitution such as equal citizenship, non-discrimination, a reduction in the voting age to 18, parts of the Bill of Rights, and also a common name for our citizens.

He says these are commendable provisions and he supports them.

He adds that there is absolutely no intention to change the foundational values of the Constitution however there are other parts which are troubling and should be changed.

Leung also echoed the call made by the Prime Minister.

He stresses that the purpose of the amendments is to allow for open doors to a frank and free discussion about the 2013 Constitution.

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