Constitutional compliance needed, not reform

- Nandlall

At present the need for constitutional compliance trumps the need for constitutional reform in Guyana. This was the position shared by former Attorney General Anil Nandlall at the Ninth Turkeyen and Tain Talks held under the theme “Constitutional Reform: to court brave change or leave well enough alone?”

Speaking at the Pegasus Hotel, last evening Nandlall noted that the views he was sharing were his own and not those of the Opposition People’s Progressive Party/Civic of which he is an executive member.

During his seven-minute presentation as part of an eight-person panel, Nandlall questioned the origin of the desire for constitutional reform.

He noted that the new civil society group RISE (Reform, Inspire, Sustain and Educate) has identified Constitutional Reform as their raison d’etre and that the Carter Center and the British High Commission have both been vocal in their wish to see constitutional reform.

He further noted that constitutional reform has for decades been part of the lexicon of Guyanese political society and has been viewed as a panacea for every wrong in society.

Nandlall however questioned whether the nature and reason of this reform is being driven by the people themselves or by foreign influence.

He stressed that he is yet to see cogent and compelling reasons being advanced for constitutional reform or detailed proposals for the nature of these reforms. In the absence of these two provisions he noted that “no informed decision can be made.”

Reminding that Constitutional Governance is illustrated by leaders complying with rule of law, Nandlall noted that when leaders comply with the constitution there is no room for challenge to their actions but when they fail to so either deliberately or through ignorance they open themselves to challenge and critique.

He stressed that violations of the constitution do not equate with an ineffectiveness which would justify a process of reform.

Citing as examples a recent directive from President David Granger to the Police Service Commission, Nandlall reminded that the constitution insulates constitutional commissions from receiving directives from anyone including the President.

He questioned how a reform of the constitution would address such an issue asking “would it