About the Constitution, again

Since the signing of The Great Charter of the Liberties – “Magna Carta Liberatium”-, a document known in the world history as the first constitutional document, other documents like this have had the same purpose: limiting power. On 1215, when the charter was signed for the first time, the purpose was to limit the powers of the king. Today, after more than 800 years, these documents do not only aim to limit the government power, but most importantly, their arbitrary power, turning this way into the basic law that guarantees democracy.

The US Constitution, signed in 1787, is recognized as the first Constitution in the world which is noted for its stability through the centuries. The seven articles expressed in 7000 words have had almost insignificant amends, only due to natural and social historical changes. But the basic principles have not changed. Although our political system is different to the US, the principle of sharing powers and controlling the balance (Checks & Balances) of the US Constitution are an inspiration for any other Constitution today. As the seventh article of the Albanian Constitution states:

“The governing system of the Republic of Albania is based on seperated and balanced legislative, executive and judiciary powers”.

By admitting that the Constitutional amends of 2008 were a mistake, Edi Rama admitted that the Constitution was violated in its basic principle. Are the words “mistake” and “correction” enough for making our opposition’s repentance really credible for such a sin, without explaining why they accepted to vote the amends in the first place? It would be naive of us to think that the opposition didn’t know its consequences. Why did they accept to change the Constitution, and why did they want – as a potential next government in that pre-election year – to have total control of the judicial system, a power that is constitutionally independent?

Certainly, the election of the President with a simple majority casts a real big shadow of doubt upon the future of powers separation, especially on the executive and judicial ones. But the 115 right and left centered votes that passed this compromise in the Parliament, at the same time eliminated all consensus possibilities for a major issue that derives from the Constitution, such as the election of the Albanian President. As co-author of this political act, the opposition needs to offer a real Mea Culpa act today. The opposition needs to make us believe not only that they really regret the fact that they wanted the three powers under their control, thinking that they would be the next ruling party, but they must also promise that they will not have this kind of voracity in the future, when they will really be a governing alternative. Only after a simple act of sincerity with the public, the opposition’s initiative for constitutional amends might receive not only legitimacy, but also support.

Of course that Edi Rama thought that he would enjoy these Constitutional amends as Prime Minister, otherwise today, after two consequent losses and on the verge of the Presidential elections, he wouldn’t call them a mistake. But the lack of the political culture of giving real promises in public for the construction of a constitutional and democratic state must come to an end.

And if Edi Rama thought that he would enjoy these constitutional amends as an omnipotent Prime Minister, on the other hand, Sali Berisha must think that one day he will suffer from them as an opposition party.

World’s first written Constitution, that of the United States of America, drafted by “an assembly of demigods”, as Thomas Jefferson wrote to John Adams, resists authoritarian even after two centuries and a half. Certainly, the two decades of our Constitution are very few compared to it, but the great trust that the US Constitution enjoys today in the USA has turned into the cult of its adoration and into that of the governing “through laws, not people”.

Edi Rama and Sali Berisha, Albania’s two most powerful men should care to leave to the new generations a Constitution that with the incarnation of its sovereignty and authority will provide for the citizens security and guarantee for their life, their property and work, regardless the people who govern them today or that will govern after 200 years.

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