The constitution is the ultimate custodian of social will and its making should be accorded all due diligence.

Profession: Statesman

Topics: Constitution, Diligence, Will,

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Meaning: This quote by Mwai Kibaki, a Kenyan statesman, emphasizes the importance of the constitution as the ultimate custodian of social will. It underscores the significance of the constitution-making process and the need for it to be conducted with utmost diligence. The quote reflects Kibaki's belief in the pivotal role of the constitution in shaping and safeguarding the collective aspirations and values of a society.

The constitution serves as the foundational legal document that establishes the framework for governance, defines the rights and responsibilities of citizens, and sets the parameters for the exercise of state power. It embodies the social contract between the government and the governed, enshrining the principles and ideals that guide a nation. As such, the process of constitution-making is a critical undertaking that demands careful consideration and attention to ensure that it accurately reflects the will of the people and serves as a bulwark for their rights and freedoms.

Kibaki's assertion that the constitution is the ultimate custodian of social will resonates with the idea that the constitution is a repository of the collective aspirations, values, and principles of a society. It is the embodiment of the social contract that binds individuals and the state, reflecting the shared vision of the people for the kind of society they wish to live in. The constitution, therefore, acts as a safeguard against arbitrary power, ensuring that the government operates within the confines of the law and respects the rights and liberties of its citizens.

Moreover, the quote underscores the notion that the process of constitution-making should be accorded all due diligence. This highlights the need for a thorough and meticulous approach to drafting and adopting a constitution. Such diligence encompasses not only the technical aspects of legal drafting but also the inclusive and participatory nature of the process. It speaks to the importance of engaging diverse voices and perspectives in the formulation of the constitution, ensuring that it reflects the pluralistic nature of society and upholds the principles of democracy and equality.

Kibaki's emphasis on due diligence in constitution-making also points to the need for transparency, accountability, and public scrutiny in the process. It underscores the importance of public awareness and engagement, as well as the need for checks and balances to prevent the manipulation of the constitution for narrow political or partisan interests. By according due diligence to the constitution-making process, it is possible to foster public trust and confidence in the legitimacy of the constitution, thereby strengthening its role as the ultimate custodian of social will.

In conclusion, Mwai Kibaki's quote encapsulates the profound significance of the constitution as the ultimate custodian of social will and the need for diligence in its making. It underscores the pivotal role of the constitution in embodying the collective aspirations and values of a society, as well as the importance of a thorough and inclusive process in its formulation. By recognizing the constitution as the guardian of social will and according it due diligence, societies can uphold the principles of democracy, justice, and the rule of law, ensuring that the constitution serves as a beacon for the rights and freedoms of all citizens.

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