Rick Lowe
Larry Smith over at Bahama Pundit has been on a roll the past couple weeks discussing electoral reform. See here… and here… Although we don't always agree, he usually provides much food for thought, and does so in these two articles.
But, a discussion of Electoral Reform leads inevitably to Constitutional Reform.
On Wednesday, February 22, 2002 the FNM Government attempted Constitutional Reform (pdf)
The five questions were:
Question No. 1
“Do you agree that all forms of discrimination against women, their children and spouses should be removed from the Constitution and that no person should be discriminated against on the grounds of gender, and do you approve the proposed amendments to Articles 3,5,8,9,10,13,14,26, and 54 of the Constitution as provided for in the Bill for an Act entitled The Bahamas Constitution (Amendment) Act, 2001?”
Question No. 2
“Do you approve The Bahamas Constitution (Amendment) (No. 6) Bill, 2002 which refers to and entrenches a Teaching Service Commission in the Constitution?”
Question No. 3
“Do you approve The Bahamas Constitution (Amendment) (No. 7) Bill, 2002 which refers to and entrenches the position of an independent Parliamentary Commissioner in the Constitution?”
Question No. 4
“Do you approve The Bahamas Constitution (Amendment) (No. 8) Bill, 2002 which creates an independent Boundaries Commission in the Constitution?”
Question No. 5
“Do you approve The Bahamas Constitution (Amendment) (No. 9) Bill, 2002 which increases the normal retirement age of a judge of the Supreme Court to age sixty-eight with possible extension to age seventy-two and the normal retirement age of a judge of the Court of Appeal to age seventy-two with a possible extension to age seventy-five?”
While there were reports that the Opposition PLP of the day initially agreed to support the Constitutional changes, it was alleged they decided to capitalise on, what was by then, and unpopular FNM, and mobilised their troupes against the Referendum.
All five questions went down to overwhelming defeat, even removing or amending the clauses that discriminate against women was voted down.
The PLP were elected to govern later that year and in December that year they appointed a Constitutional Commission to conduct a "comprehensive review of the Constitution…" and discuss reform to particular aspects of the present document.
There were several meetings throughout the country and a booklet, The Bahamas Constitution: Options for Changes (pdf) was released.
In March 2006 The Bahamas Constitutional Review Commission released a Preliminary Report & Provisional Recommendations. Unfortunately I couldn't find a link on the Internet for the report.
The PLP did not proceed to a Referendum and they lost the 2007 General Election.
In any event, if this discussion is ever raised again in earnest by the government of the day, here's my short list of questions for amendments:
1. Should the Prime Minister be subject to term limits of 10 years?
2. Should Members of Parliament be subject to term limits of 15 years?
3. Should a Constitutional limit for the National Debt and Budget Deficits be set? Maybe as a percentage of GDP.
4. Should it limit the number of Cabinet Ministers and Members of Parliament based on the population count?
5. Should it ensure that Cabinet Ministers, Members of Parliament, and various Chairmen appointed give reasons when a request or license application is denied?
6. Should it enshrine a formal consultative process for new legislation to ensure checks and balances?
7. Should it ensure that any law passed by Parliament automatically applies to Government, its agencies, departments and corporations as it applies to the country’s citizens and businesses?
8. Should real Local Government be implemented for New Providence and the Family Islands?
Care to comment?
