South-North Dialogue on Constitutions and Democracy

Vasudhaiva Kutumbakam

Forum for Dialogues on Comprehensive Democracy

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Notes-1

Towards a South-North Dialogue on Constitutions and Democracy

Written for WSF-seminar in Mumbai 17.1.2004 on “Democracy and Constitutions - a Dialogue on the Constitutional Processes of India and the European Union", organised jointly by the Indian and

Finnish partners of democracyforum Vasudhaiva Kutumbakam.

(See www.demokratiafoorumi.fi)

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Introduction

The seminar in Mumbai 17.1. 2004 at 13.00-16.00 a’clock includes a comparative discussion on the draft constitution of the European Union (EU) and the constitutions and constitutional processes of India, African Union and the global South.
The basic question of the seminar is what requirements a constitution should meet in a democracy in terms of :

- the substance of the constitution;

- democratic procedure, in particular with respect to peoples´ participation in the drafting of the constitution (including possible referendums) and

- the relation of constitutions to international agreements and political realities.

Comparative discussion of these questions is especially important as people are used or taught to assume that modern democracy and democratic constitutions come from the traditions of the European law and culture.

The central event in the present European development is however an attempt to work out the first EU constitution which may become oppositely a source and model for reducing democratic control of law.

The possible EU constitution and the processes of the EU expansion and European integration, which are the most significant change in Europe after the fall of the Berlin wall, are also redefining the future role of Europe in world politics in a problematic way.

It is highly questionable if the European and Western culture are promoting constitutional order of democracy in the world or using the words “democracy” and “constitution” for other purposes.

In this context three questions of particular strategic relevance for the future of world politics and global democratisation can be identified:

- The question of the legitimacy of non-European, especially Southern, concerns and requirements regarding the constitution for the EU.

- How modern democracy and its constitutive foundations are products and reflections of the centuries of colonization and ultramarine slavery and can democracy and constitutions be repaired in this respect ?

- The question of the relevance and implications of this Western European experiment with a constitutionalisation of post-national power for international politics.

We wish to consider also the relevance of a shadow constitution for the EU as a tool to promote democracy and global justice.

Ville-Veikko Hirvelä (etela.lampo@jippii.fi )
Thomas Wallgren (thomas.wallgren@helsinki.fi)
Forum for Democracy - Vasudhaiva Kutumbakam, Finland

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