Democracy Lab Democracy Lab Democracy Lab Democracy Lab Democracy Lab Democracy Lab

BY DANIEL LANSBERG-RODRIGUEZ | MAY 6, 2013

That's why you, Egypt, majorly screwed up by pushing your constitution through more or less on the sly (over the objections of the rather large chunk of the Egyptian citizenry that doesn't support the Muslim Brotherhood). Yeah, you got your constitution pretty fast -- but you did it by avoiding just the sort of vexing-but-necessary public discussions crucial to building democratic consensus. While constitutions seek to restrain government, they play an equally vital role in protecting democracy from its own excesses. But this can go completely wrong with unilateral shows of majoritarian force. In any case, majorities are short-lived; Constitutions shouldn't be. 

Well my friend, what's done is done -- but know that your constitution faces some stormy seas ahead. Also know that amending your way out of this mess will likely prove more traumatic on its own than the entire process should have been. 

That's why writing a constitution is not something to be taken lightly. Someone should have told you about the Locrian Code. This ancient Greek law system (one of the world's most ancient) required that anyone proposing a modification to it had to do so with a noose around their neck, so as to facilitate their immediate execution should the measure be defeated. That may sound harsh, but it's not far off. Rewriting a constitution is not free: it's an investment, and a very risky and expensive one at that. Whenever a government decides to redesign the constitution in accordance with its own specifications, previously established procedural and institutional norms will rarely carry over. These are crucial to successful governance, and can take decades to develop. The resulting vacuum is itself destabilizing. Worst yet, such changes can trigger vicious cycles. Woe betide the state whose constitutional ADHD becomes habitual. (My own, Venezuela, has endured 26 different constitutions since its founding. You can judge for yourselves how good it's been for the country.) 

All this goes to show you, Tunisia, why you were so lucky to have Rachid Ghannouchi, a singular figure who acted as the voice of reason during the chaotic post-revolutionary period. Ghannouchi's influence and willingness to seek consensus with the opposition, even though his Ennahda party could have hijacked the process -- just as Egypt's Islamists did -- have been vital. There's no question that this strategy has drawn out the whole process, but that was the right choice. 

Now you just have to avoid falling apart just as you reach the goal line. Recently some of the members of your National Constituent Assembly (NCA) have been talking about sending especially thorny issues to a national referendum if they can't arrive at consensus on their own. That is a really, really bad idea. Popular majoritarian sentiment, particularly of the post-revolutionary variety, doesn't usually lend itself to dispassionate compromise. But that's exactly what you'll need to drive a successful constitutional project home. 

Which brings me to you, Libya and Yemen. I know you want to jump in. And I hope you won't mind if I'm frank. 

Now don't take this personally, Libya, but right now you're still kind of a mess. Sure, you managed to pull off a remarkably inspiring election, and there are promising signs your economy may be rebounding. But the constitutional project hasn't even entered the drafting stages, while the largely unelected National Transition Council (NTC) and your legislature are still butting heads over who the drafters will be. Meanwhile, the security situation has been going steadily downhill. Just look at the recent efforts by militias to take over government ministries in Tripoli. That certainly doesn't bode well. 

Peter Macdiarmid/Getty Images

 

Daniel Lansberg-Rodríguez is a fellow at the Comparative Constitutions Project and is a regular columnist for the Venezuelan daily newspaper El Universal. His Twitter handle is @Dlansberg.