We seldom pause to reflect on how progressive Guyana’s constitution actually is.  Consider by contrast the bruising year long battle the American legislators have been involved in over essentially whether basic health care is a market commodity or a national good.  The bill narrowly passed last Sunday by a 219 to 212 margin at the outrage of Republicans who characterized it as a massive expansion of entitlements.  Their National Committee Chairman Michael Steele called the passage of the bill a historic betrayal of the will of the American people – a historic loss of liberty.  And 13 states declared their intention to challenge the bill’s constitutionality.

Clearly, the perfect state for all seasons has not yet been found.  The gamut of imperfections runs from unregulated capitalism (as reflected in the recent global financial melt-down), stifling totalitarian communism, hereditary monarchies, authoritarian fascism, dictatorships, and about every form and shade of government in between.

But the quest goes on with peoples around the world, including Guyana, reaching-out for the system they trust will work best for them in their stage of development, their place in the world and composition of their society.  Even with the most promising vision in mind, its translation into action always faces the challenging business of fair and equitable execution and administration.

The fundamental tenet from which these models arise is that an ordered society is an essential prerequisite for people to grow and thrive.  This tenet, the central rationale for the necessity of ordered society was put forward three and a half centuries ago by Thomas Hobbes, now regarded as the father of modern political philosophy.  In his novel treatise of the time he argued that full human flourishing is possible only within the bounds of a Social Contract.

Out of rational self-interest, people agree to give up certain rights “to” in exchange for rights “from”.  For example, men jointly give up the unrestricted autonomy to trespass on their neighbours’ plot and in turn received the right to be free from attacks in the night.  It isn’t a cure-all for human nature that eliminates jockeying for position or advantage.  But it set the basis for common reciprocal behaviours and expectations.

That is, social contracts are established under which certain civil rights are assigned in exchange for adopting a common set of rules and placing one’s actions under the jurisdiction of a common authority.

Guyana’s highest law is its constitution.  It sets the course for the country.

In addition to enshrining the Social Contract between the people and their government, it contains Guyana’s attempt at describing how its ideal state would look, and what values it holds high. It establishes the political principles, structure, procedures, powers and duties of democratically elected governments selected by proportional representation, and the rights and responsibilities of the citizens of  the Republic.

In its preamble, Guyana’s constitution lays out its own Hobbesean like vision of bringing about the full flowering of the creative genius of the people of Guyana with formal political sovereignty complemented by economic independence and cultural emancipation, and pledging to defend national sovereignty, to respect human dignity and to cherish and uphold the principles of freedom, equality and democracy and the Fundamental Rights and Freedoms of the Individual, namely that:

40. (1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for the privacy of his home and other property and from deprivation of property without compensation.

Civil rights like those above are held aloft as a hallmark of democracy.  Guyana’s constitution broadens this and breaks pioneering ground.  Other enshrined individual rights include:
22. Every citizen has the right to work and its free selection in accordance with social requirements and personal qualifications. He has the right to be rewarded according to the nature, quality and quantity of his work. Women and men have the right to equal pay for equal work.
23. Every citizen has the right to rest, recreation and leisure. The State in co-operation with co-operatives, trade unions and other socio-economic organizations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for workers, including a complex of cultural, educational and health institutions.
24. Every citizen has the right to free medical attention and also to social care in case of old age and disability.
25. Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.
26. Every citizen has the right to proper housing accommodation.
27. Every citizen has the right to a free education from nursery to university as well as at non-formal places where opportunities are provided for education and training.
28. Every young person has the right to ideological, social, cultural and vocational development and to the right of the socialist order of society.
29. (1) Women and men have equal rights and the same legal status in all spheres of political, economic and social life. All forms of discrimination against women on the basis of their sex is illegal.
(2) The exercise of women’s rights is ensured by according women access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion, and in social, political and cultural activity, by special labour and health protections measures for women, by providing conditions enabling mothers to work, and by legal protection and material and moral support for mothers and children, including paid leave and other benefits for mothers and expectant mothers.

The constitution further asserts that the only way to achieve the above and ensure political, social and economic justice for all of the people of Guyana is through the organisation of the State and society on socialist principles alongside free enterprise.

Put in place in 1980 (with reforms in 1996) after14 years of independence (including 10 years as a republic) and 135 years of British rule that ended on May 26, 1966, it is a blueprint for present and future governments.  That doesn’t mean that it’s static or that its execution is perfect; nor does it dilute concerns around the prevalence of crime, corruption or violence.

And like the constitutions of other democracies, it is not foolproof.  Nevertheless the Constitution does provide the basis for the rule of law that all groups in society can resort to.  Or, hard as it may be, seek to make to change to if challenges arising over time indicate that various elements are not serving current society or their intended purpose well.