Upholding the law

IT IS not by accident that society sets out to put laws in place. It is also not by chance that independent nations such as ours, having emerged from political domination and oppression, have in place a system of laws to which all are subject.Though the focus here is not to engage in discussion on the laws of other lands, given that such understandably are shaped by the reality in those societies, the nexus is drawn in so far that respect and enforcement of the laws, domestic and foreign, are key to maintaining a stable and cohesive society. A stable and cohesive society creates the environment for growth and development.

The World Justice Project, an independent, multidisciplinary organisation working to advance the rule of law around the world and in bringing to bear internationally accepted standards, has defined the “rule of law [as] a system in which the following four universal principles are upheld: 1) the government and its officials and agents as well as individuals and private entities are accountable under the law; 2) the laws are clear, publicised, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property; 3) the process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient; and 4) justice is delivered in a timely manner by competent, ethical, and independent representatives and neutrals, who are of sufficient number, have adequate resources, and reflect the make-up of the communities they serve.”

In societies, to the extent where the rule of law reigns, it is not surprising that there is greater progress. This is so because citizens know that regardless of their diversity, socio-economic status, political title/influence/connection or ‘entitled’ status, if they do the crime,are caught and found guilty, they will have to do the time. Thus, it is not surprising to hear reports of the ordinary man and woman as well as the connected and influential being placed before the court and once found guilty, sentenced. In such societies, upholding the rule of law is equivalent to a badge of honour, which is also rewarded by the public who hold such persons in esteem.

This is not to say that persons may not deliberately set out to violate the law, fully aware of the consequences. But it makes the point that even when there is ignorance of the law or one feels ‘protected’ to violate the law, by upholding the principle of the rule of law the society’s well-being is safeguarded. Where the law is allowed to rule, people not only cultivate a sense of security, but with security comes assurance. In the instance of the weak/powerless she/he stands a better chance of not being exploited by the mighty/powerful, because redress can be sought and protection under the law demanded.

The businessman needs assurance to invest, in that the law will bring to justice those who rob him, equally as he knows if he fails to respect the law, the law will catch him. The Police Force, tasked with the responsibility to “Serve and Protect,” is better able to discharge its duty, assured that the law safeguards the law-abiding and violators will be held to account.

Elected and appointed members of the legislature, executive or other constitutional office, in taking the oath of office and having pledged to serve consistent with the law are also to be equally held to account, consistent with the rule of law. For the rule of law is premised on the legal doctrine that it is the law that should govern a nation, not a nation being governed by arbitrary decisions of individual government officials. Guyana must reach the stage when it matters not whether you are in government, opposition, your race, ethnicity, influence, connection or other diversity, the rule of law is applicable to all. (Reprinted)

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