Maldives constitution of 2008 : what makes it stand out from its predecessors?

Abstract

This article provides a comprehensive evaluation of the Maldives' inability to establish a democratic and durable constitution, despite numerous attempts over the years. The Maldives has faced significant challenges in transitioning from autocratic rule to a stable democratic system. Drawing upon extensive research and analysis of historical events, political dynamics, and various constitution-building efforts, this article seeks to identify key reasons behind the failure to achieve a democratic and durable constitution in the Maldives. The analysis begins by delving into the historical context of the introduction of the first Constitution of Maldives in 1932. It then examines the series of political and constitutional changes that have shaped the country's path towards democracy. Moreover, the article explores the challenges faced in the formulation and implementation of the various constitutions. Factors such as: (a) a lack of opportunity for people’s participation;(b) extensive control and power exercised by the political leaders over constitutional processes; (c) a lack of competent and an independent judiciary;(d) the literacy levels of the people; and, the economic conditions have hindered progress towards a durable constitution. Furthermore, issues of corruption and weak governance have also undermined the establishment of a democratic framework. By critically examining these factors, this article concludes that the failure of the Maldives to achieve a legitimate, democratic, and durable constitution can be largely attributed to the manner of its constitution–making.