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Date Posted: 10:03:25 03/13/06 Mon
Author: Prof. Carmo D�Souza
Subject: Constitutional Debate

Constitutional Debate

Advocating World Constitutionalism

The present article is meant to advocate the case for World Constitutionalism. It is necessary at this stage, when the world seems to be in the brink of international madness, to carry a critical debate at all levels, such as Universities, Colleges, NGO�s, mass media and the public in general. The article has been presented in order to generate a debate amidst the people of the world.

Constitutional Concepts and Principles.

A general debate can produce constitutional concepts and principles in the mind and attitude of the People of the World. This will result in abundance of doctrinal theories supporting World Constitutionalism. Thus it will have an educative value, as the real foundation of any world order lies in the mind and heart of the people. Besides this debate will make jurists, scholars, national policy farmers to have a re-look to their present approach to world problems.
Concepts are important as they facilitate thought processes. They have done so during various historical periods. Legal history is witness where improper concepts have resulted in unjust and oppressive regimes. The world can no longer afford to carry on with improper concepts.

Points for People�s Debate.

There are several areas where the modern generation has to take a fresh stock. One has to scan the historical evolution of the past with an eye on the future especially with a New World order in mind. There are some areas, which need a serious debate, carried world wide with the aid of modern electronic communiation. Following areas are discussed in this article.
a) Jurisprudence, b) Concept of Sovereignty, c)The Rule of Law, d) Concept of War,
e) Terrorism, f.International Law and g) United Nations

� Jurisprudence

There is doubt whether the traditional jurisprudence will serve the needs of the future world order. It appears that there has to be some breakthrough in order to come out from the old moulds which were helpful in the past. New jurisprudence must cater to the changing international scenario.

� Concept of Sovereignty

For a proper growth of internationalism, traditional concept of sovereignty has to be reviewed to suit the present age in light of new global pressures. Earlier, the concept of sovereignty helped nationalism to grow over parochialism. Today it has run into full course and has to adapt to times and social needs. Today nationalism has to grow into internationalism. When the concept of sovereignty is strictly construed, it can be detrimental to internationalism and even damaging to de facto national sovereignty itself. Rather a liberal view may enhance Sovereignty in practice. Economic interdependence today, forces a redefinition of National Sovereignty. It is to be noted that ideal national sovereignty is a myth in modern times with countries in practice being swayed by political pressures.

� The Rule of Law

The rule of law should have primacy over politics in international scenario. International politics though must have its own niche cannot remain ungovernable. So the rule of law must be the basis for political order at international level too. The rule of law is necessary to protect State/s from arbitrariness by other State/s as well as to protect to a certain extent individuals against their own state or other State/s.

� Concepts of War

There is a need for rethinking about the concept of war. The concept of war has changed with the times. For instance, conquest was a recognized result of war that led to a legal right to the territory. In past, History often glorified great warriors and conquerors. At times war was accepted irrespective of the element of justice in it. War in fact served the process of colonization and imperialism.

Today mass media frequently projects other elements in war, which were hidden earlier, such as the human suffering, problems of victims of war, problem of refugees, etc. and these elements add to the cost factors of war and its injustice. The time has come to push war away from the human history and strengthen conflict settlement systems.

� Terrorism

Terrorism is another present day curse, for which jurisprudence is struggling for a sensible definition and solution. The problem is how to differentiate it from freedom and other movements. There are sometimes misguided youth who resort to suicide bombing and together with self immolation cause loss of life and property. A proper attitude to these evils may evolve with World Constitutionalism.

� International Law

Consent is weak part of International Law. Hence it is necessary to check whether one can rely on the consent theory or may have to go beyond it. There must be some minimum law, which is binding on all irrespective of consent. This can result from a Peoples� debate across the world under the label of World Constitutionalism.

� United Nations

There is a need for a vision statement for UN. It is necessary that we adopt a method on how to proceed than There is danger of failure of UN and the world cannot afford such a disaster. UN has played a pivotal role in international relations and it is dangerous to replace it at this stage till a better organization develops in a world. However UN must adopt and change as per the latest world realities.

piece meal reform. It is necessary to outline a Road Map for UN. The Road Map will assure the world that UN is moving towards a new regime. The road map must specially address to getting rid of veto in gradual fashion and conversion of General Assembly and Security Council into democratic institutions.

Conclusion

The movement towards World Constitutionalism must begin today. It must involve people from all walks of life. There must be participation from all the communities� world wide.

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