EXPLAINER: Mac SUIBHNE WANTS CONSTITUTIONAL CHANGE. WHAT DOES THAT MEAN?
From Instruments for Governance and laws passed by the Tionól, here's how Caldia's constitution lives and breaths
23 November 2020 | Gráinne Fitzpatrick
THE LATEST buzz around the Caldish halls of power surrounds recent rumblings that Taoiseach Stiofán Mac Suibhne has plans to further amend the Caldish constitution. At a closed-door meeting of the Social Democratic Party's top brass, Mac Suibhne made it clear that constitutional reform was on his agenda in the run up to the 2022 general election. As rumors swirl and anonymous sources offer insights into what changes the taoiseach might pursue, one cannot help but what how the entire process works.
The Caldish system is unique in that the constitution is not briefly amended. While the process to amend the constitution is actually quite simple, few governments pursue constitutional change. This is in large part due to the actual legislation required to alter the constitution. In order to change the nation's governing document, both houses of the Tionól must sign off on an Instrument for Governance. But what is that anyway?
In Caldia, an Instrument for Governance is a piece of legislation required to amend the constitution. It is a rather extensive legislation, resulting in a flurry of changes to the overall system of government. In isolation, any one change is small but together they are pretty radical alterations to the governing document. This is why there have been so few of them. Few governments have the capital to burn on amending the constitution and instead pursue legislation to address a specific issue, rather than all issues with the government.
However, every so often an incumbent government decides there are enough changes that must be made. That is when they draft an Instrument for Governance Act. Originally, the legislation could be drafted by any member of the Tionól. However, in 1965 that was altered so that future instruments would have to originate in the Comhthionól Náisiúnta. There have been instances of legislators drafting and introducing instruments as private bills, however these all failed to gain momentum. Like most big legislation, the Instruments for Governance have only ever been successful when a government is willing to spearhead them. This has only occurred on twice in Caldish history. With 2022 approaching, it would appear likely to happen for a third time.
1814
The year is 1814. Mary III is monarch and gives her approval of the Caldish constitution. The Déisi, Caldia's semi-parliamentarian body of nobles, is replaced by the Seanad Glaíteann. With an actual parliament establish, constitutional monarchy enshrined, and certain rights given constitutional protection, Caldia joins the ranks of Euclea's parliamentary monarchies. The actual constitution itself was quite revolutionary. Approximately 45% of the population was allowed to vote at the time it was adopted, comparatively high numbers for the time. The Caldish constitution was also the first to grant women the right to vote at the same time as men. Natural rights were given protected status by the constitution, ensuring every Caldish citizen had the right to life, liberty, and equality. That last right, equality, really speaks to the radical nature not just of the Caldish constitution, but early Caldish political liberals. No other country guaranteed a constitutional right to equality in the 19th century. However, there are still problems. The Seanad was a small body and was only partially elected. Nobles, bishops, and university rectors still had a significant say over the affairs of the government. Likewise, each county only had one senator. The legislature was the major shortcoming of the 1814 constitution.
1857
Growing dissatisfaction led to unease among liberals and their allies. The Euclean Spring felled several monarchies and concerns over stagnation and agricultural decline led to fears of a popular uprising against the monarchy. The Blight of 1854 ravaged the Caldish poor. The conservative establishment had little desire to intervene to address the crisis and there were several corn riots. Dónall Ó Conaill and his liberal allies work with James IV, then Prince of Ghailles, to reform the system and preserve the monarchy.
The Comhthionól Náisiúnta was created in order to serve as the 400-member lower house of the now bicameral legislature, which was to be known as the Tionól. Changes to the Seanad, now the upper house, saw the nobles kicked out and the counties each gain a second representative. The office of the Taoiseach was also created, replacing the Lord Chancellor. Government ministries to implement and oversee government initiatives were also created to take over the responsibilities of the privy council. The Instrument for Governance of 1857 is in many ways the foundation of Caldia's government, more so than the Caldish constitution. It was a total overhaul that created the system still used today.
1965
A divided Tionól resulted in the passage of the second Instrument for Governance. Dónal Ó Loingsigh, the Seanad's Cathaoirleach at the time, used his position to stonewall the agenda of the PSD government led by Máire Ní Néill. This held up a number of popular reforms, resulting in public frustration. It eventually led to a government crisis that spiraled into a constitutional crisis. In order to counter Ó Loingsigh, who was a member of the Liberty Party, Ní Néill crafted an Instrument for Governance with members of smaller parties in the Seanad and even some of Liberty's backbenchers. The Instrument for Governance of 1965 gutted the Seanad, taking away many of its legislative powers and making it mostly an advisory body. After her reforms were implemented, the taoiseach was granted the power to appoint 15 senators while the Leader of the Opposition could appointed three. This was changed in order to allow the government to have better control over the Seanad, which was only granted powers to review and delay legislation. A much smaller change was also made to avoid potential gridlock in the Comhthionól. One seat was trimmed off so there would only be 399, making it mathematically impossible for the house to be evenly divided between two parties.
Ní Néill focused her constitutional changes on the grounds of good governance, reforming the legislature to create one that would better represent and implement the will of the electorate. Ó Loingsigh overplayed his hand, and as a result his chamber lost many of its powers. As did the opposition party, should it control the Seanad. These changes led to a more efficient and representative government. Despite their origins in a political crisis, they ultimately benefited the government over any one party. Even if more rural counties favored Liberty, these alterations benefit any incumbent government regardless of party.
2021?
As Mac Suibhne looks to pass his own Instrument for Governance, it is unclear just exactly what he plans to include in it. It seems likely that reforms required in the wake of the Casarnach premiership will be included. This would see the office of the taoiseach stripped of its immunity and changes to the ways that no-confidence motions work. However, beyond that it is anyone's guess as to just what the taoiseach wants to include. Statements made by his allies and senior sources within the PSD's leadership indicate there could be some big changes that align with the party's longstanding desires. With a majority in the Comhthionól and enough seats in the Seanad (the Lords Academia and Lords Spiritual seldom vote against the government), the Social Democrats are free to make whatever changes they themselves can stomach.
That means this instrument has the potential to be real political, with the PSD drafting and passing a wish list of constitutional changes that will be next to impossible to reverse. Mac Suibhne must stick to precedent. Good governance needs to be prioritized and the political desires must be left out of the constitution all together. That is what other acts are for.
Written by Gráinne Fitzpatrick, a staff-writer for An Radacach