Dear Editor,
Throughout the ages it has been recognised that the rule of law is essential for good governance. According to Wikipedia, the rule of law is, “the legal principle that law should govern a nation as opposed to arbitrary decisions by individual or government officials.” In Guyana, however, our officials seem to have demolished this principle which is recognised as a major pillar upon which any democracy stands.
More than three hundred years before the birth of Christ, Aristotle wrote that, “the law should govern.” He noted that laws act as constraints upon behaviour, including that of government officials. Other thinkers have pointed out that no government can be considered democratic in the absence of such conditions. Instead, any society lacking legal supremacy is a dictatorship, autocracy or oligarchy. Plato, who lived four hundred years later in the first century after Christ, agreed; he wrote, “We must all serve the law in order to be free.” More recently, the eighteenth century philosopher, Thomas Paine said, “In free countries, the law ought to be king.”
The major test of whether the rule of law exists is to ask, is there independence, impartiality and non-discrimination in the administration of justice, including from economic and political influences? Guyana obviously does not pass this test. Ministers of government are suspected of serious misconduct, but are never charged, or even investigated. The constitution is routinely flouted; the refusal to hold overdue local government elections is a prime example of that fact. Politically connected persons are never brought to justice, and the wealthy get away with the most heinous crimes. How then, can the government lay any claim to democratic principles, when people of status appear to be above the law?
The supremacy of the law can only be achieved when, in our context, the three arms of the state operate independently. The legislative branch cannot be subject to the whims of the executive branch. In Guyana though, it appears that the president dictates when the legislature can meet.
This clearly violates the established principles. The judiciary and law enforcement agencies give the appearance of being subject to executive control; there is no doubt cabinet officials give orders to the police. These practices must stop.
The experts say that the causes of the absence of the rule of law include ignorance, political corruption and the lack of corrective mechanisms for administrative abuse, such as an independent judiciary. Editor, if Guyanese desire to restore democracy, these issues must be corrected.
As human beings, we all have biases. When we agree with executive, legislative or judicial decisions, we tend to voice approval. On the other hand, we condemn the decisions of political opponents. This problem can be mitigated if we work towards greater cooperation among our leaders. Legislators must do their jobs properly; they cannot expect the courts to correctly interpret sloppily written laws. Similarly, the executive arm of government must know its limits, and judges must be persons of integrity and impeccable character.
The current state of our political system clearly demonstrates a dire need for major revisions.
Leaders must therefore make public commitments to correct the problems and remove unhelpful laws and conventions, and eliminate ambiguities in existing regulations. They must work to remove discretionary powers and replace them with tamper-proof restrictive systems. Statutory penalties for violations of laws must be placed on the books. And they must do this sooner rather than later.
Yours faithfully,
Mark DaCosta
