A close look at the Constitution – Part 11

Last week we looked at some of the areas where the Prime Minister’s role has been diminished. This week we shift to some of the discussion areas. The guiding principles of state policy have come under intense public scrutiny. Some have said that they would not have the force of laws, but as I said in an earlier article, it has been the practice of late to include guiding principles for new legislation mainly to ground the legislation and to plot the way forward. Section 24 claims that they are “constitutional norms for guidance of action for organs of the state and public authorities.”{{more}}

The Guiding Principles

In the proposed constitution, the guiding principles are given in Chapter 2 and include such basic human rights as the right to work as given in the Universal Declaration of Human Rights. Article 23 states that everyone has: the right to work, to free choice of employment, to just and favourable conditions to work and to protection against unemployment. The provision in the new constitution is given as section 10 and states that everyone has the right to work in his chosen field, whether manual or mental. It extols the dignity of honest labour and fair pay and the corresponding responsibility of giving a fair day’s work. The guiding principles of state policy include some important areas that have been traditionally ignored as the equality for women and men, youth rights, rights for the elderly and the disabled, among others. Supporting legislation will have to be undertaken to make these noble safeguards become realities. The guiding principles must be taken into consideration when abuses of the rights of the individual are brought before the court.

Remedies under Chapter 18

Section 256 of Chapter 18 provides for the enforcement of remedies regarding contravention of the general provisions in the constitution or the Supreme Court Order. Any individual who is aggrieved and has an arguable interest may apply to the High Court for relief and the Court could issue a declaration to that effect. It does not include the fundamental rights in chapter 3, and it is subject to seven other sections. Relief under section 256 could be sought along with other reliefs from any other section of the constitution.

Rules for the High Court

Section 257 gives the Chief Justice the powers to make rules for the practice and the procedure that the High Court would adopt over matters pertaining to section 256. Rules by the Chief Justice will also address the issue of time in which matters are to be brought before the Court. This is not unlike the provision for other laws. For example, there is Civil Procedure Rules 2000 which offers guidance for procedures on most civil matters in the High Court. Statute law provides the substantive law, the Rules would provide the procedure. So, we are yet to see what will guide the High Court in relation to matters that come under this chapter?

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