On Possibility of Reinstatement of the 1990 Constitution



Precedents of Reinstatement of Past Constitutions:

  1. Austria – The 1920 constitution was revised in 1929; and was reinstated on 1 May 1945. In between, during 1 May 1934-1 May 1945 there was a fascist (corporative) constitution in place
  1. Guatemala The constitution1985  came into effect in 1986 and was suspended in May 1993 by former President Jorge SERRANO, later, the 1985 constitution was reinstated in June 1993 and following ouster of president was amended in November 1993
  1. Haiti The 1987 Constitution March was suspended in June 1988 with most articles reinstated March 1989. The constitutional government ousted in a military coup in September 1991, although in October 1991, military government claimed observing the constitution; it returned to constitutional rule only in October 1994; The constitution, while technically in force between 2004-2006, was not enforced; Haiti returned to constitutional rule in May 2006.

Issues of reinstatement of 1990 Constitution – a much lauded model law ?:

  1. If reinstated, to make it compatible with the recently adopted political gains, the provisions such as monarchy and its reminiscences can be erased through an amendment.
  2. Issues of National Interest such as Federalism, Secularism and Restoration of Ceremonial Monarchy could then be tested through the popular will based on Plebiscite or Referendum.
  3. The US Constitution of 1787 is still active despite several social-political-economic changes and had been duly amended 27 times.

Some Interesting facts about Constituent Assembly from Wikipedia:

  1. During the French Revolution (from July 1789 to September 1791) a National Constituent Assembly (“Assemblée nationale constituante”) was formed when representatives assembled at the only location available – a tennis court – and swore the Tennis Court Oath on June 20, 1789, promising that they would not adjourn until they had drafted a new constitution for France.Louis XVI recognized the validity of the National Constituent Assembly on June 27, 1789.
  2. In U.S. History, the most famous constituent assembly is the Federal constitutional convention that drafted the Federal Constitution in 1787.[3] Although that constitution provided for its amendment, including through subsequent constitutional conventions, no federal constitutional convention has been called. In part this is due to the daunting requirements for holding a new constitutional convention (requiring the consent of either two-thirds of both houses of Congress or two-thirds of the States), but also because of the fear that wholesale changes in the Federal Constitution might undermine a document that has stood the test of nearly 225 years.[4]

Constituent Assembly and Constitution Making Timeframe in other nations (Wikipedia):

  1. National Assembly of the Republic of ChinaAlso known as the National Constituent Assembly, enacted the Republic of China‘s current constitution in 1946.
  2. Constituent Assembly of IndiaFormed on 9 December 1946 to write the Constitution, and serve as India‘s first Parliament, dissolving on 26 January 1950 when India became a republic.
  3. Constituent Assembly of PakistanFormed on 10 August 1947 to write the Constitution, and serve as Pakistan‘s first parliament. It was dissolved on 24 October, 1954 and reconstituted after fresh elections on 28 May 1955, lasting until 23 March 1956 when Pakistan became a republic.
  4. Here’s a list of Global Constituent Assemblies and the time period they made the constitution in: http://en.wikipedia.org/wiki/List_of_constituent_assemblies

Doctrine of Necessity by validation from Supreme Court:

One another way is to exercise the doctrine of necessity through the Supreme Court as used to describe the legal basis for a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor GeneralGhulam Mohammad. In his judgment, the Chief Justice cited Bracton’s maxim, ‘that which is otherwise not lawful is made lawful by necessity’, thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.

Issue of Restoration of Monarchy:

Restoration of Monarchy in one form or other is still a burning issue in many nations such as Iran, Nigeria, Ethiopia, Hawaii, Poland, Israel, Georgia, Burma, Thailand, Japan, Russia, Greece, Romania, Bulgaria, Uganda, Serbia, Spain, Bulgaria, Afghanistan (Google).