"Drafting a constitution is only the first step. The constitution has to be granted legitimacy by open discussion and a fair, representative referendum"
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A constitution is not simply a legal text; it is a social contract that must be owned by the people who will live under it. The act of drafting is necessary but insufficient, because legitimacy flows as much from the process as from the words on the page. Open discussion builds that legitimacy by exposing tradeoffs, allowing competing visions to be aired, and translating abstract principles into shared commitments. When citizens, civil society, and political minorities can question and reshape the design in public, the constitution begins to feel less like an edict and more like a collective promise.
A fair, representative referendum is the capstone of that process. It is not a plebiscite staged to ratify a foregone conclusion, but a decision under conditions of equal access to information, impartial administration, credible observers, and an inclusive electorate. Representativeness matters because constitutions allocate power for generations; those who have been marginalized must see their voices reflected in the founding vote or they will see little reason to comply later. Without that broad-based consent, constitutional orders become brittle. Courts struggle, politics radicalizes, and the document is treated as a tactical weapon rather than a common framework.
Emma Bonino speaks from a life steeped in democratic activism. As a veteran Italian liberal, former EU commissioner, and foreign minister, she championed referendums and civil liberties at home and supported democratic transitions abroad. Her warning maps onto recent history: rushed or top-down charters in post-authoritarian settings often fail to unite societies, while inclusive, deliberative processes, as in South Africa in the 1990s, have yielded more resilient settlements. Even ambitious, well-intentioned texts can falter, as seen in Chile, when public debate and consensus did not converge.
The deeper point is that constitutionalism is a culture, not a one-time event. Open discussion before the vote and continued civic engagement after it create the habits that make rights enforceable and institutions trusted. Only then does the constitution earn the authority it claims.
A fair, representative referendum is the capstone of that process. It is not a plebiscite staged to ratify a foregone conclusion, but a decision under conditions of equal access to information, impartial administration, credible observers, and an inclusive electorate. Representativeness matters because constitutions allocate power for generations; those who have been marginalized must see their voices reflected in the founding vote or they will see little reason to comply later. Without that broad-based consent, constitutional orders become brittle. Courts struggle, politics radicalizes, and the document is treated as a tactical weapon rather than a common framework.
Emma Bonino speaks from a life steeped in democratic activism. As a veteran Italian liberal, former EU commissioner, and foreign minister, she championed referendums and civil liberties at home and supported democratic transitions abroad. Her warning maps onto recent history: rushed or top-down charters in post-authoritarian settings often fail to unite societies, while inclusive, deliberative processes, as in South Africa in the 1990s, have yielded more resilient settlements. Even ambitious, well-intentioned texts can falter, as seen in Chile, when public debate and consensus did not converge.
The deeper point is that constitutionalism is a culture, not a one-time event. Open discussion before the vote and continued civic engagement after it create the habits that make rights enforceable and institutions trusted. Only then does the constitution earn the authority it claims.
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| Topic | Justice |
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