The 20th century was the century of wide enfranchisement and consequently the century of democratisation. At some point in the history of a nation there arises the need for a formal establishment of the structures and organs of government and distribution and circulation of power, by means of a constitution.

In civil society, constitutions represent the legitimacy and basis for the exercise of authority and political power within the state. Written or unwritten, autochthonous or otherwise, constitutions are the supreme law of the land to the extent that normal acts of legislation will be declared null and void where they violate the constitutional principles therein enshrined and are therefore declared unconstitutional by the judicial authorities.

The process leading to the adoption of an autochthonous constitution usually springs from deep within the heart of society, at times sparked by social unrest leading to revolts or uprisings demanding freedom, equality, respect for fundamental human rights and respect for the dignity of the person, invoking such values as justice, solidarity and fraternity, or its other facet, the common good.

As Sir Ivor Jennings wisely says in The Law and the Constitution, this happens because “possibly order has to be produced out of the chaos produced by a great social revolution; or the nation throws off the yoke of a foreign conqueror or is in some way separated from its roots; or a nation is created by the fusion of smaller political units”.

Recently it was Pope Benedict XVI who pointed out that apart from the classic political ideals of unity, liberty, equality and progress, importance must also be given to the value of fraternity, a value which was also recently mentioned and highlighted by President Emeritus Edward Fenech Adami.

Historically, this principle is deeply rooted in our European political culture, being one of the three illustrious ideals of the French Revolution, an event inspired by the Enlightenment and the Age of Reason that shattered despotism and absolute monarchy, paving the way for the victory of liberty, equality and democracy in 18th-century Europe.

The value of fraternity, however, is relevant neither just as a revolutionary slogan nor as a hollow value, devoid of social significance. The rallying cry must be fostered, transposed and weaved within the institutional fabric of the state in its true essence, reflecting the common good, once democracy is established and the state acquires legitimacy, aspiring to economic prosperity and social well being.

As European Parliament president Professor Jerzy Buzek said in his address to our Parliament, where he referred to the 90th anniversary of the establishment of our first representative assembly and our “long road to true self-government”, which eventually led to European membership and to the strengthening of our Mediterranean vocation, “if the heart of a democracy is its people, its soul must be its parliament”.

Amplifying Buzek’s metaphor, if parliament is the soul of democracy, and people its heart, its veins and arteries must be a transparent and accountable system of political parties channelling and organising public opinion into clearly formulated and identifiable political programmes, thus bringing order out of the chaos of the multitude of voters. Without political parties, democracy withers and decays.

The rule of law, a mature system of checks and balances between the legislative, executive and judicial organs of the state, as well as the respect for fundamental rights and liberties, are a concrete manifestation of the will of the people in their revolt against unfettered discretion.

These principles translate social values and legitimate popular aspirations into legal and political terms, the revolt’s slogans carved into the machinery of government thus geared towards the common good. They safeguard and guarantee the continuity of democracy so painfully acquired.

On a global level, the common good, that synthesis of values of solidarity and fraternity, should inspire even more than it already does the reactions of the international community to the plights and struggles of peoples facing political turmoil or natural catastrophes. Our country’s sensitivity and participation in the present ongoing great humanitarian effort is a case in point.

Dr Debono is a Nationalist Member of Parliament, Parliamentary Assistant in

the Office of the Prime Minister and criminal lawyer

by profession

www.francodebono.info