The Constitution does not put the President above the law

Dec 02, 2016 Letters

Dear Editor,
There was a letter in Guyana Chronicle of the 28th November 2016, signed by Basil Williams, Attorney General and Minster of Legal Affairs. This letter was in response to expressed public concerns about President Granger non-appointment of persons recommended by the Judicial Service Commission to be appointed as judges. Without getting into the exchanges, though such activities augur well for this nation as we seek to strengthen the pillars of democracy, what was most striking is the title of the letter. This letter is titled “Never the intention of the framers of the Constitution for the President to be commanded.”
I would like to believe this headline was not submitted by the Attorney General, who is the legal adviser to the government, but that the newspaper editor. The fact that such a perception can be arrived at is of grave concern, given that it points to a gross misunderstanding of the concept of the Rule of Law. By its very nature, the rule of law subjects every person to it. The framers could not have intended otherwise or there would have been no need for the President, in taking the oath to office, swearing to respect the Guyana Constitution and Laws of Guyana.
There are several areas in the constitution where specific command is given to the President. Some of these are: 1) consultation with the Leader of the Opposition on the appointment of the Chancellor to the Judiciary and Commissioner of Police; 2) specific timeline within which to assent to bills sent from the National Assembly and where there is failure to comply within the time-frame an explanation be given; and 3) the number of non-elected persons that can be appointed to the Cabinet.
Going through the constitution there can be found numerous instances where it specifically states how the President must conduct the business of the state. These are not recommendations, but commands. It must be made clear that the President of the Cooperative Republic of Guyana, as every citizen and those who operate within Guyana’s jurisdiction, is not above the Guyana Constitution and Laws. The Rule of Law subjects all and this we all must confirm to.
Lincoln Lewis

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