example, procedures have evolved for encouraging co-operation and compromise
between Congress, the legislature, and the President. These procedures are not
mentioned in the constitution. And if a foreigner who was unfamiliar with the
Zimbabwean political scene read our present Constitution before its latest
amendment, he or she might well have believed that political parties were of little or
no importance in our system of government, because the Constitution mentioned
political parties only once (in section 41(1)(e)), and then only incidentally.
Culture of constitutionalism
If a constitution is not embraced by the people of the country, if it is not regarded as
“our” constitution by the great majority, then it may lose legitimacy and either be
subjected to frequent amendment by whichever group of politicians is currently in
power, or ignored by a despotic government or else overridden completely in a coup
d’état. To avoid that fate, the constitution must contain provisions that are
acceptable to the majority. This doesn’t mean that most of the people must agree
with everything in the constitution, only that the constitution as a whole is broadly
acceptable. In addition, the government should make concerted and prolonged
efforts to ensure that everyone is aware of the constitution and its importance to
them. This goes further than informing people of their rights under the constitution;
people must be made aware of their responsibilities too, and of the way in which the
various institutions of government work and the part they play in the government of
the country.
Conclusion
A constitution can be compared to a house. A house defines the space within which
its inhabitants conduct their daily lives, and a constitution defines the way in which
the inhabitants of a country conduct their political affairs. A house may be large or
small, and a constitution may be lengthy or brief; a house and a constitution may be
well-organised or haphazard. It is possible for a family to live happily in a small,
disorganised house or to live miserably in a well-appointed palace; and it is possible
for a nation to live peacefully and contentedly in a country whose constitution is
badly thought out, or to live in disharmony in a country with a model constitution.
In other words, a constitution does not determine whether the inhabitants of a
country will be happy and united or discontented and fractious. Our new
constitution, whether it is well or badly drafted, will not itself bring happiness to
Zimbabwe. That will depend on Zimbabweans themselves.
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