Structure ------------- Most Constitutions from around the world I have looked at have a Preamble and a sequence of Articles (the main constitution) followed by another sequence of Amendments.
One Aspect Stands Out -------------------------------- The US Constitution was adopted in 1787. It was upadated with 10 amendments in 1789. These 10 amendments are called the Bill of Rights. Every one of the 50+ states and territories of the US also has an Article (either the first or second mostly) called the Declaration of Rights. Canada has it Charter of Rights and Freedoms. I thought a future Constitution of Assam should start with a Declaration of Rights. Example: Canada ------------------------- Canada's constitution is derived from the Constitution Act of 1867, amended by the Constitution Act of 1982. Here is an example of the fundamental freedoms from the Canadian Charter of Rights and Freedoms (1982): Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d)freedom of association. This is followed by the statement of another set of rights: Democratic Rights?Mobility Rights?Legal Rights?Equality Rights?Language Rights?Minority Language Educational Rights Example: Hawaii and Alaska (US States) ---------------------------- The Alaska Constitution was adopted on January 3, 1959. The Hawaii Constitution was adopted on August 21, 1959. These are the two last full US State Constitutions adopted. So, I thought I would look at them carefully, thinking they must put together the best of all the other constitutions preceding them, including the US Constitution. Article I of the Hawaii Constitution is called the "Bill of Rights." Article 1 of the Alaska Constitution is called the "Declaration of Rights.". Pondering over these two and other enlightened Constitutions I have looked at, I think for Assam also, the first Article should be called the "Declaration of Rights." What type of government we will have, the details of the branches of governments, the details of operation of these branches can be left for future discussion. But, the Declaration of Rights should be the founding principles of an enlightened Constitution of Assam, in my view. Here are the initial Sections of Article 1 of the Alaska Constitution. I have removed the details. 1. Inherent Rights 2. Sources of Government 3. Civil Rights 4. Freedom of Religion 5. Freedom of Speech 6. Assembly, Petition 7. Due Process 8. Grand Jury 9. Jeopardy and Self-Discrimination 10. 11. Rights of Accused 12. Criminal Administration 13. Habeas Corpus 14. Searches and Seizures . . . The point is the declaration of fundamental freedoms as in the Canadian Constitution or 1.1 Inherent Rights as in the Alaska Constitution should be fundamental. Proposal for Article 1, Section 1 of Assam Constitution --------------------------------------------------------- 1.1 All persons have a natural right to life, liberty and pursuit of happiness, and the enjoyment of the rewards of their own industry. All persons are equal and are entitled to equal rights and protection under the law. 1.1 Protijon manuhor jiyai thokar, mukto bhabe jibon japon korar, jibonot xukh bisorar, aru nijor kamor fol upobhog korar swabhabik odhikar ase. Xokoloo manuh xoman; ainor odhinot protyekor xoman odhikar aru xurokkhya pabologiya. ----- Jugal Kalita _______________________________________________ Assam mailing list [email protected] http://pikespeak.uccs.edu/mailman/listinfo/assam Mailing list FAQ: http://pikespeak.uccs.edu/assam/assam-faq.html To unsubscribe or change options: http://pikespeak.uccs.edu/mailman/options/assam
