Towards a new constitutionalism: developing global civic responsibility through participation in world constitutional deliberation
Creators: name: Mochelle, Richard
Publisher: name: RMIT University
Year: 2024
Subjects: classificationCode: 440802
subject: Citizenship

description: Confronted by major global problems, our 'foremost challenge', according to the 1995 report of the Commission on Global Governance, is to develop the vision of a better world - one more democratic, secure and sustainable. The report concludes with a call for 'a global civic ethic' - for commitment by all to a set of globally protective responsibilities. The thesis asks, what does this challenge imply? How to achieve an effective response? What provisions, in principle, ought to be instituted to meet the Commission's call? <br><br>The call is a tall order: for a quantum leap from passive, rights-oriented, civic culture to one based on global responsibility. The thesis is not concerned with the probability of such shift occurring. The premise is that if we believe that the call ought to be met, that it commands an ethical response from all, we ought first to comprehend the ethical and practical complications, and second, seek to comply with them. The thesis is concerned with the first obligation. It requires an inquiry disciplined by moral reasoning and persistent focus on the long range, world future. It has led the thesis into somewhat underdeveloped terrains. <br><br>The call to enact global civic responsibilities implicitly entreats us to recognise the validity and gentle power of Kant's categorical imperative, to unleash it from its remote, theoretical mountaintop and allow it to reign supreme as the preeminent, constitutional principle for personal and global governance. The thesis argues that this recognition will require, and result in , a new, education-led constitutionalism centred on civic integrity development. <br><br>Logically derived from the Golden Rule, the categorical imperative and its universality and moral autonomy constraints are adopted by the inquiry, somewhat experimentally, as a methodological discipline. For it is argued that such discipline should be cultivated by the new, education-based constitutionalism. This requires persistent, uncompromising focus on the universal ought. Where ought leads, the inquiry follows, even when it invokes an apparently 'unrealistic' future beyond the margins of current educational and constitutional practice. <br><br>The new constitutionalism appears vaguely outlined on the horizon, largely beyond political and educational experience. The thesis moves towards this horizon to consider grounding assumptions and transit impediments, with the goal, above all, to determine the more prominent, 'in principle' landmarks toward which the world's educational resources could be steered. <br><br>The term constitution is minimally defined as a paramount, overarching strategy of mutual protection, not bound to current national constitutions, territories, and identities, nor to familiar constitution-making processes. Invoked by growing recognition of global interdependence and mutual risk, it stands for inclusive protection, ideally of, by and for 'We the People of the World'. <br><br>The Commission's recommendation that people should deliberate on 'the vision of a better world' has been pursued by futurists since the 1960s. Their pioneering ventures are examined in chapter 2 and found contributive yet insufficient to meet the constitutional requirements implied by the Commission's challenge. Various conceptual and practical obstacles impede effective response to the challenge. These preoccupy much of chapter 2 and indeed the whole thesis. <br><br>The new constitutionalism presupposes, as does prevailing national constitutionalism, that despite cultural differences, there are certain universal interests that all want protected. Most would want reliable protection against preventable mayhem, slaughter and environmental destruction. It is argued in chapter 3 that while the universalist assumption can reasonably withstand relativist scepticism, universal interests remain to be identified. Upon examination of notable identification procedures it is asked 'should this be left to social researchers'? Arguments are raised to suggest that, as a civic harm preventative measure, all people should be constitutionally required to identify these interests. <br><br>Universal interests cannot be protected while people take no responsibility for their protection. Were the Commission's call for globally responsible civic culture taken seriously, what would this imply for world political economy? Chapter 4 undertakes an exercise in future-oriented normative inquiry to explore world constitutional implications in outline. Revealed on the horizon is a new economic game with new words: the priactive constitution. The exercise demonstrates the challenging nature of the substantive ethical agenda confronting deliberants of the new constitutionalism. <br><br>What right does one have to participate in world constitutional deliberations and consider such agendas? Chapter 5 argues that one has a right, and a responsibility to do so. The arguments appeal to the democratic ideal, political legitimacy, the Golden Rule, the defence role of citizenship and the fact that each imposes the world constitutional order on all. But the participatory right and responsibility cannot be exercised without universally accessible constitutional fora, procedures and education. The theoretical ideals of deliberative democracy are summoned. The current technical feasibility of creating an Internet-based system of democratic deliberative provisions is illustrated in the Appendix. <br><br>Even were such provisions made available, a key impediment to effective response to the Commission's call is that most work-committed adults are unlikely to volunteer substantial time for the learning engagement. Given the unacceptability of political coercion, chapter 6 considers the moral proposition that youngsters worldwide be submitted to the learning challenge in their years of compulsory education. The literature on moral justifications for compulsory education reveals considerable disagreement. These justifications seem anyhow unrelated to curriculum priorities that are actually imposed on captive audiences. As highlighted by the World Trade Centre attack, the world's people have little constitutional protection against deceptive doctrines conveyed in distant classrooms. A key problem for global governance is whether the world's teachers should not be constitutionally obligated to promote and exemplify globally protective responsibilities. <br><br>Chapter 6 argues that universal compulsory education can be ethically justified for the protection of universal interests only when civic integrity development is maintained as the curriculum priority. This would develop global civic responsibilities in teachers and students through exercising their participation in world constitutional deliberation under the counterindoctrination constraints of the categorical imperative. It would entail deliberation on universal interests in view of global threats, alternative normative strategies to protect those interests, and public disclosure of normative commitments. Moreover, by tapping the real interests of students, adult literacy expectations, linguistic, moral, ecological and political, could be more readily met. But such educational strategy might not suffice to assure reliable enactment of civic responsibilities. It is argued that 'school' might need replacing or augmenting with environmentally rich learning settings that could enable chosen norms to be experienced and demonstrated. <br><br>The thesis concludes that implementation of the new, education-centred constitutionalism implied by the Commission's call will first require an engaged response from educators. It is recommended that a global network be established linking key persons in schools and university faculties who will take responsibility for activating curriculum and community response to the Commission's call and, in the first instance, engage themselves in civic integrity development to acquire facilitator competencies.<br>