The Proposed Constitution in focus

We are on the home stretch! If it is approved by the electorate, then we will have a constitution which would affect our lives and that of future generations.

Two weeks ago it came from an unexpected source. I asked my newspaper vendor why my newspaper was so bulky, but before she could answer, some one passing by heard my question and blurted out “it is the constitution”.{{more}} It is now right in our face. I got three copies in all. This is a good way, but for the small size of the typescript, to make the reading public take note. It deserves your attention and you should pass on the message to others.

Supreme law

A constitution is the supreme law of the land and ordinary statute laws are derived from it. According to Section 101 of our present constitution and Section 3 of the proposed Constitution, “if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.” Our constitution occupies chapter two of Volume 1 of the laws of Saint Vincent and the Grenadines. There are eight volumes in the Blue book series; the latest edition was produced in 1990.

Written constitutions

We join a long list of countries with written constitutions; perhaps the most famous in modern times being that of the United States of America, but whereas the USA said this is what we want, the former Caribbean colonies were told by the colonial master this is what you should have. In the Caribbean, a few countries have upgraded from the colonial model of government to other forms which they think best suit their situation. Trinidad and Tobago and Dominica remain in the Commonwealth of Nations but have embraced a republican form of Government. One of the major results is that the Queen of England is no longer their head of State. She has been replaced by a president. And so shall it be if we accept a new constitution.

Referendum

We would soon have the opportunity to reject or embrace the proposed constitution with a “yes” or “no” vote by our electorate in a referendum. A referendum is a direct vote by the electorate to approve or reject certain important legislation. It is the method directed and approved by our present constitution to change the constitution. A mere amendment of ordinary laws does not require a referendum. This goes to show the significance of this change.

Brief Summary

The constitutional bill that we obtained when we purchased our newspaper some two weeks ago carried an additional part in which a brief summary of the main proposals in the Bill are highlighted. So if you find the bill tedious to read, perhaps you can read the summary first and then with an informed opinion you would be able to read the bill more easily.

Legal authority

A constitution gives legal authority and provides the source and foundation for that authority. It delineates the branches of government and sets out the powers, structure and the obligation of related offices. Most importantly it enshrines the rights of the individual. The rights that we enjoy under our existing constitution would not be diminished but would be enlarged. With this new constitution, the bulk of our laws remain intact while we shed some of the colonial trappings and incorporate some new features which you would have suggested during the constitutional consultations. The human rights component is particularly attractive, but what if a minister of religion becomes your prime minister? The Commissions must be hailed as great safeguards for our rights and democratic processes. We will take an in depth scrutiny of some of the salient features of the proposed constitution next week.

 Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com