Proposed new parliamentary system solidifies Tonga's social structure
Sunday, January 17, 2010 - 17:29
Since Tonga's Constitutional and Electoral Reform Commission published its 'Final Report and Recommendations' on November 5 last year, Tonga's parliament has been struggling to agree on a new system of government, expected to be in place before a General Election scheduled for November or December 2010.
Comments
Democracy slipping away from
Democracy slipping away from Tongan parliament - Sione A. Mokofisi:
Let’s hope for a moment that the modern democratic Tonga we were hoping for was not just “fleeting fancies.”
Members of Parliament are either oblivious to basic democratic political principles or are not visionary leaders with guts to make difficult decisions. Precious moments to complete a true democratic transformation of “Modern Tonga” are slipping away.
Two basic democratic principles engraved in the 1875 Constitution seemed to have suffered sacrificial-lambs’ fates in the present parliamentarian conundrums. Missing are: (1) The integrity of the independence of the Three Branches of Government (Administration, Judicial, and Legislative) model; (2) and the final scrutiny of the King’s veto power to be subjected to Judicial “law review,” and Parliamentary veto override.
Checks and Balances
(1) Indeed, the transformation is leading to further democratization of the Constitutional Monarchy. However, the judiciary appointments (Chief Justice, etc.) by the King and Privy Council would fail any democratic accountability test. Checks and balances must be practiced in modern Tonga according to the Constitution.
Otherwise, the appointments will leave the judicial accountable to the Administration only without the approval from the Legislative. A more democratic political functionality must not concentrate power in the King and His Judicial nominations, but they must be subjected to Legislative Assembly approval as well.
(2) The King’s veto power to reject-or-ascend legislation into law must be counter “checked” by the rights of the Judicial to “law review,” and Parliament’s right to the “veto override.” Should Legislative be dissatisfied with a King’s veto of a piece of legislation they had passed, a two-thirds majority veto-override can still ascend such legislation into law.
Is this true democratic transformation, or just “fleeting fancies?” - Sione A. Mokofisi