• The way in which powers are exercised. Particularly in the case of the Executive, decisions should be taken collectively rather than individually. For example, the power to make decisions should be vested in the Cabinet rather than in the President or the Prime Minister. Checks and balances must not be so great as to prevent a government from taking effective action. There must be co-operation between the different branches of government if the business of government is to conducted smoothly. Where a constitution divides governmental powers between different institutions, those institutions must learn to practise compromise and common sense. But compromise and common sense are habits of mind and cannot be embodied in a written constitution. In addition to balancing the powers of the different institutions of government, every democratic constitution must try to balance the other conflicting interests that exist in every State. Some of the interests that need to be balanced are the following: • Individuals versus the State Zimbabwe’s history, and the history of many other countries, shows that individuals and vulnerable groups need to be protected against oppression by their governments. The purpose of a Declaration or Bill of Rights is to provide this protection, but it mustn’t go too far. The rights of the majority, who in a democratic State are represented by the Government, cannot be ignored. Governments must be able to take reasonable measures to preserve the national interest while at the same trying to protect minority interests. In other words, a balance must be struck between general and particular interests. • Differing Class Interests In Zimbabwe there are stark differences between the lifestyle enjoyed by members of the wealthy élite, who wield political and economic power, and that of the rural and urban poor. The constitution-making process is directed and controlled by the élite, and there is a danger that their interests will be reflected in the new constitution to the detriment of the poor. That tendency must be resisted if the new constitution is to attain legitimacy, to be regarded as “our” constitution, by the majority of Zimbabweans. One way to ensure that the interests of ordinary people are reflected in the constitution is to protect their social and economic rights in the Declaration or Bill of Rights. VI. Other Considerations The need for flexibility The governmental system established by a constitution must be flexible enough to allow institutions to develop over time and to cope with unforeseen situations. This entails, firstly, that the constitution should not seek to prescribe exhaustively what should happen in every conceivable situation; and, secondly, that the procedures for constitutional amendment should not be so difficult as to prevent amendments when they become necessary. A written Constitution may not reflect the real constitution One should remember that the wording of a written constitution very often does not reflect the true nature of a country’s system of government. In the United States, for 4

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