Guyana has Constitutional Supremacy

Posted September 23rd. 2006 - by Eusi Kwayana.

States which claim to be constitutional accept broadly one of two doctrines. Some are based on the doctrine of the Supremacy of Parliament, and others are based on the doctrine of the supremacy of the Constitution. Experts may find some exceptional cases.

The UK has a constitution, only part of which is written in the form of entrenched law ,consisting of centuries- old statutes like habeas corpus and one or two others coming out of conflict and settlement, some involving the monarchy. Then there ate the well known conventions. To these they add the decisions of the highest courts and the common law. Any part of the common law can be made by Act of Parliament into statute law.

The U.K. parliament must now avoid violating the applicable the European Union human rights treaties in its own law making. Apart from these occasional limitations, the UK parliament can make any law and alter it with a simple majority.

In Guyana, however, it is the Constitution, not the parliament, that is supreme.

Article 8 of the Guyana Constitution reads:

"This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law, shall, to the extent of the inconsistency, be void."

Article 164 will show that this article enjoys the highest level of entrenchment, It can be altered only by a Bill supported by no fewer than two -thirds of all the elected members and, then finally approved in a referendum.

Entrenchment either has meaning, or has no meaning.

Up to this point, only the President and I suppose. the Ministers have taken the Oath of Office, which includes a pledge to uphold the Constitution and to bear true faith and allegiance.

If article 8 is treated in that way in order to avoid the consequences of deliberate misgovernment, all those taking part must realize that they are in fact becoming constitutional gunmen and women.

The first problem that faces the President ,who can summon, prorogue and dissolve parliament as he thinks fit, is that he also has to summon parliament within in the constitution and cannot override the constitution before it meets to alter the relevant article.

> If Parliament in Guyana were supreme it could meet and and amend the rules for its meeting.

At present the elected President is in the position of a coup leader, ruling without a parliament, in a situation not foreseen by a constitution first designed for dictatorship, and a situation due to the fact that, despite warnings from this writer about the application of the doctrine of democratic centralism to the national institutions. More immediately, he is where he is in spite of advice from the opposition aimed at avoiding the present absurd situation.

To fail to flood the recently elected government with comment in advance of further illegality is like looking on in silence at an unlicensed driver about to start a publicly owned car. In fact it is a thousand times worse.I have just seen on google a report on Attorenyat Law Benjamin Gibsib's opinion given on TV. Mr. should not be dismissed on thee matters.. I have heard,,not read, of Peeping Tom's predictable opinion on the issue When i googled "Peepig Tom" I found that even that pen name is not original. I shall pursue . I shall pursue Tom's rare wisdom.