!
CSCE/SEDIO.3
adoption. A general view emerged to the effect that the drafting body must reflect the views of the political forces in order to bring about a national consensus. A new constitution should be
adopted in a manner to ensure legitimacy.
The utility or admissibility of granting exceptional
powers
to the executive branch during a period of transition, in order to carry out unpopular but necessary economic reforms, was also considered. While some experts felt that such exceptional powers might be justified in order to create the long-term conditions for a stable, viable democracy, others were of the opinion that such
measures would weaken the development of a democratic culture.
any event, conditions for granting exceptional powers should be defined, and their exercise subject to control as appropriate.
In
Direct participation of the people in important political
decisions through plebiscites or referenda was highlighted as a means of enhancing the interest and involvement of the electorate in public affairs. As with any democratic process, popular consultation should be carried out with appropriate safeguards.
The extent to which institutions of the old totalitarian regime could be adapted to serve in a new democratic framework gave rise to diverging views. While the need for some continuity was recognized it was underlined that the identification of institutions with totalitarian rule might undermine their legitimacy even after a restructuring of such bodies had taken
place.
In the discussion of the division of power between the legislative, executive and judicial authorities, it was noted that, although the classical doctrine of the separation of powers in its pure form was implemented mainly in presidential systems, its essence was also reflected in the practices of many other
political systems.
It was also emphasized that separation of functions between the trial judge and the prosecuting authority was essential and required adequate guarantees. The strengthening of the role of
Page 195Page 196
No comments yet.
Private notes are available after approval.