Constitutional Safeguards

The role of a Government should be to protect the individual rights of its citizens from the initiation of physical force. As such it makes laws to defend these rights and the organs and powers of the Government to enable it to do this are outlined in the Constitution. These functions should be explicitly detailed, and any limitations on state power should be equally as explicit. However some mechanisms over time become outdated and need to be updated. Therefore any Constitution should be amendable but there should be stringent safeguards in place, namely:

  • An amendment must be proposed by a majority of the total membership of the Parliament.
  • At each reading it must be approved by two thirds the total membership.
  • If passed, it must be tabled until after an election when the first two points must be repeated (this mechanism I believe is used in at least one US State)
  • If it passes again, it must be put to a referendum whereby a majority must approve - a super-majority of two thirds or three quarters way also be appropriate here.
  • Additional, any provision may be subject to compulsory revision and possible repeal perhaps after five to ten years.
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