Cutting down the law

Feb 01, 2019 Features / Columnists, Peeping Tom

In the Oscar award-winning movie, A Man for All Seasons, there is an interesting dialogue between the lead character, Thomas More; his wife, Alice; daughter, Margaret; and his future son-in-law, William Roper.

This movie is not based on fiction. It is based on a historical narrative.
The dialogue is as follows:
Alice More: “Arrest him!”
Thomas More: “For what?”
Alice More: “He’s dangerous!”
Roper: “For libel, he’s a spy!”
Margaret More: “Father, that man’s bad.”
Thomas More: “There is no law against that.”
Roper: “There is! God’s law!”
Thomas More: “Then God can arrest him.”
Alice More: “While you talk, he’s gone!”
Thomas More: “And go he should, if he were the Devil himself, until he broke the law!”
Roper: “So, now you give the Devil the benefit of law!
Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?”
Roper: “Yes, I’d cut down every law in England to do that!”
Thomas More: Oh? And when the last law was down, and the Devil turned ‘round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”
Upholding the Constitution is of the utmost importance, because without its protections, citizens will be at the mercy of tyranny. To paraphrase Thomas More, if you cut down the law, then what is going to be left to protect you when the devil turns on you?
The Constitution is the highest law. If you cut it down or refuse to comply with it, then it can no longer protect you. Persons therefore should not become complicit in encouraging, for whatever reasons, disregard for the Constitution. They do so at their own risk.
The proposition has been put that the government has a democratic right to approach the Courts to invalidate the no-confidence motion. While this may be true, this is not a right, which should be abused or used conveniently.
The court yesterday ruled on the no-confidence vote. The ruling was of such comprehensiveness and cogency that there is no need for further comment of that decision.
The issue of the right of the government to have approached the court will however be called into question, since on almost every count, the argument of the government was rejected by the court. While it is democratic for citizens and the government to approach the court for redress or clarification, their doing so must have a credible basis for any such approaches.
Approaches to the court are not intended to be used as part of the any plan to out manoeuvre anyone. The court is not a battlefield for settling political scores.
Approaches to the court should not be trivial or misconceived. The court should only be approached if there are substantive grounds to challenge an action. It is tantamount to an abuse of process for any court action to be taken simply to frustrate a lawful process. The court is not to be used to buy time.
The right exists for persons to approach the courts. But the exercise of that right has to be reasonable.
The court is the protector of the Constitution and the rule of law. If you take the court away, citizens will be helpless against abuses to their rights.
Unfortunately, the country is rigidly divided by the decision of the Court. One side is celebrating and the other side is in deep anguish.
One of the reasons why the recent challenge to the no-confidence motion has divided the nation is because citizens are yet to fully appreciate how the Constitution and laws protect them from arbitrary power. They have viewed this recent case simply as a contest between the government and the opposition rather than as one about upholding the highest law of the land.
Guyanese need to begin to appreciate how important the Constitution is to their own existence. If the Constitution is made dispensable or its protections expendable, then it is like cutting down the very laws, which protect citizens.
Everyone loses when the Constitution is not upheld, including the government.

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Cutting down the law

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