Saturday, February 04, 2012

Presented without comment because

I'm trying really hard not to break things:
Q: Would your honor's advice be to get a part or other countries' constitutions as a model, or should we develop our own draft?

A: You should certainly be aided by all the constitution-writing that has gone one since the end of World War II. I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary. It really is, I think, a great piece of work that was done. Much more recent than the U.S. Constitution: Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world? I'm a very strong believer in listening and learning from others.

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