Syndicate content

Constitution

End Discriminatory Laws, and Transformative Change Can Follow

Tazeen Hasan's picture

A woman in South Africa. © Trevor Samson/World BankIn September 2013, four elderly sisters in Botswana were finally and definitively allowed to remain in the ancestral home where they had spent most of their lives — the result of their own tenacity and determination that a young nephew could not step in and take ownership of a property they had lovingly maintained.

This landmark decision by the highest court in Botswana, the Court of Appeal, followed five years of efforts by women’s networks and legal associations who helped the sisters bring their claim. The judges decided that customary laws favoring the rights of the youngest male heir were simply out of date.

“The Constitutional values of equality before the law and the increased leveling of the power structures with more and more women heading households and participating with men as equals in the public sphere and increasingly in the private sphere demonstrate that there is no rational and justifiable basis for sticking to the narrow norms of days gone by when such norms go against current value systems,” wrote Justice Lesetedi of the Botswana Court of Appeal.

The reform of discriminatory laws can lead to transformative change.

Morocco: When Governance, Transparency, Integrity, Accountability, & Public Procurement Entered the Constitution

Laurence Folliot Lalliot's picture

This post originally appeared on Voices & Views: Middle East & North Africa

Although many events from the Middle East and North Africa region have enjoyed large press coverage and headlines, one has remained, to date, a rather well-kept secret: the inclusion of governance and a dedicated provision on Public Procurement in the new Moroccan Constitution, adopted by referendum on July 1, 2011. In doing so, Morocco has joined the very small list of countries (i.e., South Africa and the Philippines) to grant a constitutional status to this rather technical field, the impact of which will be progressively felt in the world (even outside the small world of procurement lawyers), as it affects how government money is converted into goods and works like roads, schools, vaccines, etc.

A Peaceful Face of the Arab Spring: Morocco

Anne-Katrin Arnold's picture

Moroccan citizens on the street in Rabat after the King's speech on constitutional reform. Just over a week ago I had the privilege of witnessing the Arab Spring unfolding - in a peaceful, and even joyful manner. On Friday, June 17, I joined several hundreds of Moroccans outside the Parliament building in Rabat, where they celebrated the reforms King Mohammed IV had announced that evening. In his speech to the nation, Mohammed IV spoke about establishing a new constitution that focuses on the rule of law and strong democratic institutions. The changes include the establishment of a democratic and independent executive branch of government, the recognition of the Amazigh language as official language alongside Arabic, the strengthening of the legislative branch, establishing an enabling environment for Parliamentary opposition, strengthening the autonomy of the judiciary, and strengthening good governance through, among other mechanisms, the establishment of an independent agency for the prevention and fight against corruption.

Benthamite Lessons from a Scandal

Sina Odugbemi's picture

It is important not to let a scandal go to waste. If you follow world politics, then you must know about the recent events in Great Britain. According to the Financial Times, 'For the past two weeks, Britain has been in a state of stupefied anger at the ingenious ways in which elected politicians have used their expenses system to milk the taxpayer'. As a result, says the same report, 'public fury over scandalous expenses claims has pushed lawmakers, in fear of losing their jobs and their reputations, towards constitutional reform'. (Financial Times, May 23/May 24 2009.)

Now, I am a student of the constitutional thought of Jeremy Bentham (1748-1832), the British utilitarian philosopher and jurist. Thus, as I have followed the scandal  Bentham's words have been ringing in my ears. For, one of the great battles of Bentham's long life was the reform of parliament. But Bentham was a universalist. He was confident that his ideas for constructing a form of government that would provide 'securities against misrule' were universally applicable. Bentham believed that government should be as open and as transparent as possible. This is his Panopticon principle, all round transparency with very few exceptions. Note that a request under the Freedom of Information Act got the scandal under discussion going.