Constitutional Reform
Editorial
Stabroek News
April 17, 1999
Written submissions for constitutional reform should be made by this
weekend. From next week the Commissioners will get down to the job of
holding discussions among themselves in an effort to arrive at a
consensus on the various issues and then preparing their report for the
National Assembly.
There are several major areas that will engage their attention. First,
perhaps, is the system of government. Should the executive presidency
imposed in l980 be retained or should we go back to the pure
parliamentary system that we had in our l966 constitution where the
government is led by a Prime Minister who sits in Parliament and there
is a President with limited powers as Head of State.
Then there are the fundamental human rights and freedoms. Are these
adequate, should any be added, should they be worded differently,
should some of the qualifications that now exist be removed, are they
adequately entrenched against change, is the procedure for enforcing
these rights affordable by citizens (it costs a large amount to retain a
lawyer to file proceedings in the High Court), if not how can that be
remedied, should a special constitutional court be set up which citizens
can approach by a simpler and cheaper procedure?
Then there is the electoral system. Should pure proportional
representation be retained or should it be mixed with the original
consistuency system and/or should the single transferable vote be
introduced. Is the party list system where candidates are listed in
alphabetical order, not the order of priority, acceptable? In yesterday's
paper Fr Curtis described the Chilean electoral system which also
seemed of interest. And how should the Elections Commission be
composed? Should there be a permanent body? Should the Carter
formula be adopted?
Other important issues have to be considered like the basis of
citizenship and whether dual citizenship should be permitted, the
procedures for altering the constitution, the powers of the executive
president (if that institution is retained), should the legislature be
unicameral or should there also be a senate containing in addition to
political party members the representatives of various civic groups, how
should judges be appointed, and how, if at all, should their tenure of
office be extended (should the ages for retirement be increased), how
should the Service Commissions be appointed (by the Senate, perhaps, if
there is to be one), the office and functions of the Auditor General, the
rights of Amerindians.
Also, to use the wording of the Constitution Reform Commission Act, the
Commissioners have been mandated to consider ways for the issue of
discrimination and ways of dealing with it. "improving race relations and
promoting ethnic security and equal opportunity" and "measures to
ensure that the views of minorities in the decision making process and in
the conduct of government are given due consideration". The wider use
of parliamentary committees may well be one way of tackling the latter.
The Commissioners have about three months. They will have available
other constitutions and the services of advisers. Their report will be
presented to the National Assembly not later than the l7th July, l999 and
should lead to a new constitution.
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